Owners of residential property in Florida can relax a little about the rising threat of illegal squatters taking possession of their homes while they are away. Many Florida property owners spend significant time in their primary residences in other states or countries. Their absence leaves their property vulnerable to squatters.
In recent months, squatters have invaded and, in some cases, practically destroyed homes that were left vacant for as little as a week. This poses a real problem for the homeowners since evicting the squatters in many states is often a civil matter that requires lengthy and expensive court cases. In the interim, the squatter often vandalizes the property. In a few instances, the actual homeowner has been found guilty of infringing on the squatter’s so-called ‘rights.’
Florida has taken a decisive step forward to address the rising concerns of property owners grappling with squatters. On March 27, 2024, Governor DeSantis signed into law CS/CS/HB 621—Property Rights, marking a significant milestone in property rights legislation.
Instances of squatters unlawfully occupying residential properties have become increasingly prevalent, leaving property owners powerless due to inadequate legal remedies. Recognizing the urgency of this matter, Florida legislators took action to provide property owners with a more robust framework to protect their rights.
The new law introduces an optional procedure for property owners to remove unauthorized occupants from residential real estate swiftly. Under this procedure, property owners are empowered to request the assistance of a sheriff’s officer to evict squatters from their premises. The process begins with the property owner contacting the sheriff and filing a complaint under penalty of perjury, outlining the pertinent facts demonstrating their eligibility for relief.
Crucially, if the complaint demonstrates the owner’s entitlement to relief and the sheriff can verify the property’s ownership, the sheriff is obligated to remove the unauthorized person. The property owner must pay the sheriff the civil eviction fee and an hourly rate if a deputy must stand by to maintain peace during the removal.
However, the legislation also incorporates safeguards to prevent potential abuse of this procedure. Any person wrongfully removed under this process retains the right to pursue legal recourse against the property owner. In such cases, the wrongfully removed individual may seek compensation equivalent to three times the fair market rent, damages, costs, and attorney fees.
Moreover, the bill introduces three new felony and misdemeanor level crimes related to unlawfully occupying a dwelling or fraudulently advertising property for sale or lease to deter unlawful occupancy of dwellings. These measures underscore the state’s commitment to upholding property rights and deterring fraudulent activities that undermine the integrity of the real estate market.
The signing of CS/CS/HB 621 — Property Rights represents an important step in the ongoing efforts to safeguard property owners’ interests in Florida. With its implementation slated for July 1, 2024, this legislation heralds a new era of protection and accountability in property rights. It underscores Florida’s commitment to fostering a fair and secure environment for property owners, ensuring they can enjoy their investments’ full benefits without fear of unauthorized occupation or fraudulent practices.
This legislative action is another example of the benefits to which a Florida property owner is entitled.
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