[RPPTL LandTen] Collecting the registry funds deposited under 83..232 or 83.60 in an action for possession only

[Jeff Mazor]

Some things are so obvious to experienced practitioners, that we are
surprised when newbies don't see the same, obvious points. 

I have always understood that, even in actions for possession only (i.e., no
claim for damages), money deposited into the court registry under Florida
statute sections 83.232 and 83.60 not only serves to keep the tenant honest
and avoid stall tactics, but is also intended to provide a fund that the
court can disburse to the landlord. The point is that if and when the
landlord wins possession, the money that was deposited into the registry
corresponding to past due and accruing rent is to be dispersed to the
landlord.  

I'm confronted with a judge who seems to believe that if there is no
separate claim for money damages, even if the landlord wins possession,  the
registry funds must be returned to the tenant!!

I haven't found it yet, but does anyone have authority for the proposition
that the registry funds must be paid to the landlord????

Thank you so much.

Jeffrey R. Mazor, Esq.
J. R. Mazor & Associates, P.A.
Presidential Circle Building 
4000 Hollywood Blvd.,  Suite 265-s
Hollywood, FL 33021
Phone: 954-962-3500
Fax:       954-962-3560
Email:   JMazor at Mazor.com