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QUESTION: Does the approved form of a writ of ne exeat, Form 1.917, Florida Rules of Civil Procedure, authorize the sheriff (or his deputy) to take the defendant named in the writ into custody and deliver him to the booking desk at the county jail, where the defendant then has the option of posting the bond required by the writ or being jailed?

SUMMARY: The language of the form of a writ of ne exeat (approved by Rule 1.900 RCP), Form 1.917, Ne Exeat, does not appear to be legally sufficient, within constitutional limitations, to authorize a sheriff to arrest or take a person against whom such…