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.