Florida Senate - 2024 SB 888 By Senator Perry 9-00993-24 2024888__ 1 A bill to be entitled 2 An act relating to property rights; creating s. 3 82.036, F.S.; providing legislative findings; 4 authorizing property owners or their authorized agents 5 to request assistance from law enforcement in 6 immediately removing unauthorized occupants from a 7 residential dwelling under certain conditions; 8 requiring such owners or agents to submit a completed 9 complaint form to the sheriff of the county in which 10 the property is located; specifying requirements for 11 the complaint form; requiring the sheriff to verify 12 the identity of the person submitting the complaint 13 form; requiring the sheriff to serve a notice to 14 immediately vacate on the unauthorized occupant; 15 authorizing a sheriff to arrest an unauthorized 16 occupant for legal cause; authorizing the sheriff to 17 collect the same fee as for service of a writ of 18 possession; authorizing the owner or agent to request 19 that the sheriff stand by while the owner or agent 20 takes possession of the property; authorizing the 21 sheriff to charge a reasonable hourly rate for a 22 certain purpose; providing civil remedies; providing 23 construction; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 82.036, Florida Statutes, is created to 28 read: 29 82.036 Limited alternative remedy to remove unauthorized 30 persons from residential real property.— 31 (1) The Legislature finds that the right to exclude others 32 from entering, and the right to direct others to immediately 33 vacate, residential real property are the most important real 34 property rights. The Legislature further finds that existing 35 remedies regarding unauthorized persons who unlawfully remain on 36 residential real property fail to adequately protect the rights 37 of the property owner and fail to adequately discourage theft 38 and vandalism. The intent of this section is to quickly restore 39 possession of residential real property to the lawful owner of 40 the property when the property is being unlawfully occupied by a 41 trespasser or squatter, and to thereby preserve property rights 42 while limiting the opportunity for theft and vandalism. 43 (2) A property owner or his or her authorized agent may 44 request from the sheriff of the county in which the property is 45 located the immediate removal of a person or persons unlawfully 46 occupying a residential dwelling pursuant to this section if all 47 of the following are met: 48 (a) The person is the property owner or authorized agent of 49 the property owner; 50 (b) The real property that is being occupied includes a 51 residential dwelling; 52 (c) An unauthorized person or persons have unlawfully 53 entered and remain or continue to reside on the property owner’s 54 property; 55 (d) The real property was not open to members of the public 56 at the time the unauthorized person or persons entered; 57 (e) The unauthorized person or persons have been directed 58 to leave the real property but an unauthorized person or persons 59 remain on the property; 60 (f) The unauthorized person or persons are not current or 61 former tenants pursuant to a written or oral rental agreement 62 authorized by the property owner; 63 (g) The unauthorized person or persons are not immediate 64 family members of the property owner; and 65 (h) There is no other litigation related to the real 66 property which is pending between the property owner and any 67 known unauthorized person. 68 (3) To request the immediate removal of an unlawful 69 occupant of a residential dwelling, the property owner or his or 70 her authorized agent must submit a complaint by presenting a 71 completed, verified Complaint to Remove Persons Unlawfully 72 Occupying Residential Real Property to the sheriff of the county 73 in which the real property is located. The submitted complaint 74 must be in substantially the following form: 75 76 COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL 77 REAL PROPERTY 78 79 I, the owner or authorized agent of the owner of the real 80 property located at ... ..., declare under the penalty of 81 perjury that (initial each box): 82 1. .... I am the owner of the real property or the 83 authorized agent of the owner of the real property. 84 2. .... The real property is a residential dwelling. 85 3. .... An unauthorized person or persons have entered and 86 are remaining or residing unlawfully on the real property. 87 4. .... The real property was not open to members of the 88 public at the time the unauthorized person or persons entered. 89 5. .... I have directed the unauthorized person or persons 90 to leave the real property, but they have not done so. 91 6. .... The person or persons are not current or former 92 tenants pursuant to a written or oral lease authorized by the 93 property owner, and any lease that may be produced by an 94 occupant is fraudulent. 95 7. .... The unauthorized person or persons sought to be 96 removed are not an owner or co-owner of the property and have 97 not been listed on the title to the property unless the person 98 or persons have engaged in title fraud. 99 8. .... The unauthorized person or persons are not 100 immediate family members of the property owner. 101 9. .... There is no litigation related to the real property 102 pending between the property owner and any person sought to be 103 removed. 104 10. .... I understand that a person or persons removed from 105 the property pursuant to this procedure may bring a cause of 106 action against me for any false statements made in this 107 complaint, or for wrongfully using this procedure, and that as a 108 result of such action I may be held liable for actual damages, 109 penalties, costs, and reasonable attorney fees. 110 11. .... I am requesting the sheriff to immediately remove 111 the unauthorized person or persons from the residential 112 property. 113 12. .... A copy of my valid government-issued 114 identification is attached, and if I am an agent of the property 115 owner, documents evidencing my authority to act on the property 116 owner’s behalf are attached. 117 118 I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH 119 STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 120 MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, 121 PUNISHABLE AS PROVIDED IN SECTION 837.02, FLORIDA STATUTES. 122 123 ...(Signature of Property Owner or Agent of Owner)... 124 125 (4) Upon receipt of the complaint, the sheriff shall verify 126 that the person submitting the complaint is the record owner of 127 the real property or the authorized agent of the owner and 128 appears otherwise entitled to relief under this section. If 129 verified, the sheriff shall, without delay, serve a notice to 130 immediately vacate on the unlawful occupants and shall put the 131 owner in possession of the real property. Service may be 132 accomplished by hand delivery of the notice to an occupant or by 133 posting the notice on the front door or entrance of the 134 dwelling. The sheriff shall also attempt to verify the 135 identities of all persons occupying the dwelling and note the 136 identities on the return of service. If appropriate, the sheriff 137 may arrest any person found in the dwelling for trespass, 138 outstanding warrants, or any other legal cause. 139 (5) The sheriff is entitled to the same fee for service of 140 the notice to immediately vacate as if the sheriff were serving 141 a writ of possession under s. 30.231. After the sheriff serves 142 the notice to immediately vacate, the property owner or 143 authorized agent may request that the sheriff stand by to keep 144 the peace while the property owner or agent of the owner changes 145 the locks and removes the personal property of the unlawful 146 occupants from the premises to or near the property line. When 147 such a request is made, the sheriff may charge a reasonable 148 hourly rate, and the person requesting the sheriff to stand by 149 to keep the peace shall be responsible for paying the reasonable 150 hourly rate set by the sheriff. The sheriff is not liable to the 151 unlawful occupant or any other party for loss, destruction, or 152 damage. The property owner or his or her authorized agent is not 153 liable to an unlawful occupant or any other party for the loss, 154 destruction, or damage to the personal property unless the 155 removal was wrongful. 156 (6) A person may bring a civil cause of action for wrongful 157 removal under this section. A person harmed by a wrongful 158 removal under this section may be restored to possession of the 159 real property and may recover actual costs and damages incurred, 160 statutory damages equal to triple the fair market rent of the 161 dwelling, court costs, and reasonable attorney fees. The court 162 shall advance the cause on the calendar. 163 (7) This section does not limit the rights of a property 164 owner or limit the authority of a law enforcement officer to 165 arrest an unlawful occupant for trespassing, vandalism, theft, 166 or other crimes. 167 Section 2. This act shall take effect July 1, 2024.