If you’re a property owner in Florida, you may already know how complicated it can be to regain control of your property when someone is staying there without permission. A new Florida law, Florida Statute §82.036, is here to make that process faster and more straightforward. Effective as of July 1, 2024, this law aims to give property owners a quicker path to remove unauthorized individuals who occupy residential property without permission. Let’s walk through what this means and how it works.

Why This New Law?

The Florida Legislature put this law in place to address situations where unauthorized individuals, not covered by any lease or rental agreement, are occupying residential property. Traditionally, the eviction process has been slow and often fails to discourage trespassing, theft, or vandalism. This statute was created to protect property owners by giving them a way to quickly regain possession of their property and prevent damage or illegal activity.

Key Points Of Florida Statute § 82.036

Here’s a breakdown of the main aspects of this new law, designed to speed up the process for property owners facing unauthorized occupancy.

1. Conditions For Removal

Under this statute, the property owner or their authorized agent can ask the county sheriff to immediately remove unauthorized occupants from a residential property, but only if certain conditions are met:

• The person making the request must be the property owner or authorized agent.
• The property must be residential, like a home or apartment.
• The occupants must have entered without permission and remain there unlawfully.
• The property wasn’t open to the public when they entered.
• The owner must have already directed the occupants to leave, but they refused.
• The individuals occupying the property aren’t tenants (past or current) and aren’t close family members of the owner.
• There’s no active legal dispute over the property between the owner and the occupants.

2. Filing The Complaint

Once these conditions are met, the property owner must file a verified complaint called a “Complaint to Remove Persons Unlawfully Occupying Residential Real Property” with the sheriff. This complaint must be signed under penalty of perjury, meaning the owner or agent affirms that all statements are true. Any misrepresentations in the complaint or improper use of this process can expose the property owner to liability, including damages, penalties, and attorney’s fees.

3. What The Sheriff Will Do

Once the sheriff reviews and verifies the complaint, they’ll take the following actions:

• Serve a notice to the unauthorized occupants to vacate the property immediately.
• If needed, make arrests for trespassing or other related offenses.
• Assist the property owner or their agent in changing locks and removing any personal property left behind.

This law provides immunity for the sheriff and property owner from liability related to the removal of personal property unless the removal is wrongful.

4. What Happens If Removal Is Wrongful?

This law also includes protections for unauthorized occupants if they’re wrongfully removed. If a property owner misuses this law, the unauthorized occupant can file a claim for damages, which may include actual costs, triple the fair market rent, court costs, and attorney’s fees. This serves as a caution to owners to ensure they meet all requirements before filing a complaint.

5. How This Law Fits With Existing Property Rights

This statute doesn’t replace existing legal remedies, nor does it prevent law enforcement from arresting unauthorized occupants for other crimes like trespassing or theft. Instead, it fills a gap by giving property owners a faster option to deal with non-tenant unauthorized occupants without waiting for a traditional eviction.

What This Means for Property Owners

For property owners, this new law is a powerful tool, but it requires careful adherence to each condition. Failing to follow the statute’s requirements can lead to legal consequences, so property owners should consider working with an attorney to ensure they’re compliant.

Closing Argument

Florida Statute §82.036 reflects Florida’s focus on preserving property rights and limiting unauthorized occupancy. If you’re dealing with unauthorized occupants or want to understand your options under this new law, don’t hesitate to reach out. At Law Office of Ryan S. Shipp, PLLC, we’re here to help Florida property owners navigate their rights and understand the best course of action to protect their property. 

Contact us today at 561.699.0399, or visit our website for more information.