Ann: Yowie Launch Social Media Advertising Campaign in US, page-54

found the relevant section (4) interesting read. sorry to bore those not wanting detail.

Bond is set at double value of property $450k ie 900k
Other bond is 1.25 times value of property if stay is requested 562500


https://www.floridabar.org/divcom/jn/jnjournal01.nsf/Author/CDEAFB3789B587ED85256C83007885EA

Section 78.068(4) provides that “[t]he defendant may obtain release of the property seized under a prejudgment writ of replevin by posting bond within five days after serving of the writ in the amount of 1-1/4 the amount due and owing on the agreement for the satisfaction of any judgment which may be rendered against the defendant.”¹⁷ Thus, in Auto-Owners Insurance Co. v. Hooks, 463 So. 2d 468, 474-475 (Fla. 1st DCA 1985), when an insurance company was erroneously granted a prejudgment writ of replevin due to technicalities regarding its affidavit, good faith purchasers of the replevined vehicle were not entitled to punitive damages against the insurance company. Rather, they could have avoided the consequences of which they complained by merely posting a bond to secure release of the replevined automobile. The option of posting a bond to obtain release of the replevined property is not mandatory. See Meireles Truck Sales, Inc. v. Industria Del Autobus, C.A., 555 So. 2d 1253 (Fla. 3d DCA 1989), holding that a defendant must be given the opportunity to present testimony at a hearing on a motion to dissolve the writ and is not compelled to file a bond under §78.068(4).

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This procedure differs from that set forth in §78.068 in two important ways. First, the defendant receives notice prior to issuance of the writ of replevin. The preferred method is to have the order to show cause served in a manner similar to that in which initial service of a summons and complaint are made. Therefore, in Williams Management Enterprises v. Buonauro, 489 So. 2d 160, 161 (Fla. 5th DCA 1986), the court, during the course of a lengthy discussion on the history of replevin and related proceedings of detinue, trover and conversion and debt, noted cryptically that process could be effectuated by publication.²⁰ Notwithstanding the theoretical possibility of obtaining service by publication, it should not be lost upon the party seeking to recover property that the odds of seizing property in the possession of a defendant are substantially decreased if personal service can not be made upon the defendant. In any event, the case law is not developed on the issue of alternative methods of service of an order to show cause. However Trawick’s Florida Practice and Procedure (2001 ed.), §34-2, p. 596 at footnote 8 states that if it is not possible to personally serve the order to show cause, it can be placed on or in the property sought to be replevined, or in the main entrance of the defending parties’ residence.

The second way in which this procedure differs from the ex parte procedure set forth in §78.068 is that the plaintiff is not required to post a bond. See Fort Lauderdale Collection, Inc. v. Rosamelia, 677 So. 2d 973 (Fla. 4th DCA 1996); T and T Air Charter, Inc. v. Duncan Aircraft Sales, Inc., 566 So. 2d 361 (Fla. 4th DCA 1990). Rather, the party in a show cause proceeding who would be required to post a bond would be the defendant—that party seeking to defeat the replevin action. For this reason, a value of the replevined property must be set forth in the complaint. See Williams v. Kloeppel, 537 So. 2d 1033, 1037 (Fla. 1st DCA 1989). The court in Vega v. Hughes, 370 So. 2d 1187 (Fla. 4th DCA 1979), took a contrary position. The Vega court held that §78.068(3) (which requires a party seeking to replevy property to post a bond in an amount equal to twice the value of the goods) applied in a show cause proceeding. It is the opinion of the authors that this ruling is in error.


¹⁷ Cf. Fla. Stat. §78.067(2), providing that if there is an adjudication during a show cause hearing that the plaintiff is entitled to immediate possession, the order directing issuance of a writ of replevin can be stayed if the defendant posts a bond equal to the value of the property.