Fla. R. Civ. P. 1.580 — Writ of Possession
Last verified from official source: April 30, 2026 · Source: Florida Bar — Florida Rules of Civil Procedure (eff. April 1, 2026), p. 182
Rule Text (verbatim)
(a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution.
(b) Third-Party Claims. If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim. Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate.
Committee Notes
1980 Amendment. There was inadvertently continued the difference between writs of assistance and writs of possession when law and chancery procedure was consolidated. The amendment
April 1, 2026 Florida Rules of Civil Procedure 182 eliminates the distinction. Writs of assistance are combined with writs of possession. The amendment provides for issuance and the determination of third-party claims. The only change is to shift the burden of the affidavit from the person causing the writ to be executed to the third person who contends that its execution is inappropriate.
Plain-English Breakdown
Practitioner notes by John M. Phillips, Board Certified Civil Trial Lawyer — coming soon. Watch the video below for the plain-English breakdown.
Rule Text (Verbatim)
The text below is mirrored verbatim from the Florida Bar’s official publication. Public domain.
(a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution. (b) Third-Party Claims. If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim. Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate.
Infographic — Rule 1.580 at a Glance
Committee Notes
View Committee Notes (legislative history)
1980 Amendment. There was inadvertently continued the difference between writs of assistance and writs of possession when law and chancery procedure was consolidated. The amendment
eliminates the distinction. Writs of assistance are combined with writs of possession. The amendment provides for issuance and the determination of third-party claims. The only change is to shift the burden of the affidavit from the person causing the writ to be executed to the third person who contends that its execution is inappropriate.
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This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar’s official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
Rule Text (verbatim from the Florida Supreme Court)
(a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution. (b) Third-Party Claims. If a person other than the party against whom the writ of possession is issued is in possession of the property, that person may retain possession of the property by filing with the sheriff an affidavit that the person is entitled to possession of the property, specifying the nature of the claim. Thereupon the sheriff shall desist from enforcing the writ and shall serve a copy of the affidavit on the party causing issuance of the writ of possession. The party causing issuance of the writ may apply to the court for an order directing the sheriff to complete execution of the writ. The court shall determine the right of possession in the property and shall order the sheriff to continue to execute the writ or shall stay execution of the writ, if appropriate.
Educational reference. This page summarizes a Florida Rule of Civil Procedure for educational purposes. The rule text and Committee Notes are mirrored from the Florida Bar's official publication and are public domain. The plain-English summary is the opinion of Phillips, Hunt & Walker and is general information only — not legal advice. Reading this page does not create an attorney-client relationship. Past results do not guarantee a similar outcome in your case.
What this rule means in plain English
Florida Rule of Civil Procedure 1.580 — Writ of Possession — sets out the procedural requirements for this aspect of Florida civil practice. (a) Issuance. When a judgment or order is for the delivery of possession of real property, the judgment or order shall direct the clerk to issue a writ of possession. The clerk shall issue the writ forthwith and deliver it to the sheriff for execution. (b) Third-Party Claims.
Committee Notes (verbatim)
1980 Amendment. There was inadvertently continued the difference between writs of assistance and writs of possession when law and chancery procedure was consolidated. The amendment
eliminates the distinction. Writs of assistance are combined with writs of possession. The amendment provides for issuance and the determination of third-party claims. The only change is to shift the burden of the affidavit from the person causing the writ to be executed to the third person who contends that its execution is inappropriate.