Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 656
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/12/2015           .                                

       The Committee on Judiciary (Ring) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 82.045, Florida Statutes, is created to
    6  read:
    7         82.045 Remedy for unlawful detention by a transient
    8  occupant of residential property.—
    9         (1) As used in this section, the term “transient occupant”
   10  means a person whose residency in a dwelling intended for
   11  residential use has occurred for a brief length of time, is not
   12  pursuant to a written lease, and whose occupancy was intended as
   13  transient in nature.
   14         (a) Factors that establish that a person is a transient
   15  occupant include, but are not limited to:
   16         1. The person does not have ownership or financial interest
   17  in the property entitling him or her to occupancy of the
   18  property.
   19         2. The person does not have any property utility
   20  subscriptions.
   21         3. The person does not use the property address as an
   22  address of record with any governmental agency, including, but
   23  not limited to, the Department of Highway Safety and Motor
   24  Vehicles or the supervisor of elections.
   25         4. The person does not receive mail at the property.
   26         5. The person pays minimal or no rent for his or her stay
   27  at the property.
   28         6. The person does not have a designated space of his or
   29  her own, such as a room, at the property.
   30         7. The person has minimal, if any, personal belongings at
   31  the property.
   32         8. The person has an apparent permanent residence
   33  elsewhere.
   34         (b) Minor contributions made for the purchase of household
   35  goods, or minor contributions towards other household expenses,
   36  do not establish residency.
   37         (2) A transient occupant unlawfully detains a residential
   38  property if the transient occupant remains in occupancy of the
   39  residential property after the party entitled to possession of
   40  the property has directed the transient occupant to leave.
   41         (3) Any law enforcement officer may, upon receipt of a
   42  sworn affidavit of the party entitled to possession that a
   43  person who is a transient occupant is unlawfully detaining
   44  residential property, direct a transient occupant to surrender
   45  possession of residential property. A person who fails to comply
   46  with the direction of the law enforcement officer to surrender
   47  possession or occupancy violates s. 810.08. In any prosecution
   48  of a violation of s. 810.08 related to this section, whether the
   49  defendant was properly classified as a transient occupant is not
   50  an element of the offense, the state is not required to prove
   51  that the defendant was in fact a transient occupant, and the
   52  status as a permanent resident is not an affirmative defense. A
   53  person wrongfully removed pursuant to this subsection has a
   54  cause of action for wrongful removal against the person who
   55  requested the removal, and may recover injunctive relief and
   56  compensatory damages. However, a wrongfully removed person does
   57  not have a cause of action against the law enforcement officer
   58  or the agency employing the law enforcement officer absent a
   59  showing of bad faith by the law enforcement officer.
   60         (4) A party entitled to possession of a dwelling has a
   61  cause of action for unlawful detainer and removal of a transient
   62  occupant. The party entitled to possession is entitled to the
   63  summary procedure of s. 51.011 to remove a transient occupant.
   64  The party entitled to possession is not required to notify the
   65  transient occupant before filing the action. If the court finds
   66  that the defendant is a transient occupant the court shall order
   67  the clerk to issue a writ of possession placing the plaintiff in
   68  possession of the premises, and may award compensatory damages.
   69  If the court finds the defendant is not a transient occupant but
   70  is instead a tenant of residential property entitled to the
   71  protections of part II of chapter 83, the court may not dismiss
   72  the action without first allowing the plaintiff to give notice
   73  required by that part and to thereafter amend the complaint to
   74  pursue eviction under that part. County courts have jurisdiction
   75  over actions authorized under this subsection. The filing fee
   76  for an action under this subsection is the fee established in s.
   77  34.041(1)(a)7. for removal of a tenant.
   78         Section 2. This act shall take effect July 1, 2015.
   80  ================= T I T L E  A M E N D M E N T ================
   81  And the title is amended as follows:
   82         Delete everything before the enacting clause
   83  and insert:
   84                        A bill to be entitled                      
   85         An act relating to unlawful detention by a transient
   86         occupant; creating s. 82.045, F.S.; defining the term
   87         “transient occupant”; providing factors that establish
   88         a transient occupancy; providing for removal of a
   89         transient occupant by a law enforcement officer;
   90         providing a cause of action for wrongful removal;
   91         limiting actions for wrongful removal; providing a
   92         civil action for removal of a transient occupant;
   93         providing an effective date.