Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 322
       
       
       
       
       
       
                                Ì188398gÎ188398                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/18/2025           .                                
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       The Committee on Judiciary (Rodriguez) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 311 and 312
    4  insert:
    5         Section 6. Subsection (3) of section 82.036, Florida
    6  Statutes, is amended to read:
    7         82.036 Limited alternative remedy to remove unauthorized
    8  persons from residential real property.—
    9         (3) To request the immediate removal of an unlawful
   10  occupant of a residential dwelling, the property owner or his or
   11  her authorized agent must submit a complaint by presenting a
   12  completed and verified Complaint to Remove Persons Unlawfully
   13  Occupying Residential Real Property to the sheriff of the county
   14  in which the real property is located. The submitted complaint
   15  must be in substantially the following form:
   16  
   17               COMPLAINT TO REMOVE PERSONS UNLAWFULLY              
   18                 OCCUPYING RESIDENTIAL REAL PROPERTY               
   19  
   20         I, the owner or authorized agent of the owner of the real
   21  property located at ........, declare under the penalty of
   22  perjury that (initial each box):
   23         1. .... I am the owner of the real property or the
   24  authorized agent of the owner of the real property.
   25         2. .... I purchased the property on .....
   26         3. .... The real property is a residential dwelling.
   27         4. .... An unauthorized person or persons have unlawfully
   28  entered and are remaining or residing unlawfully on the real
   29  property.
   30         5. .... The real property was not open to members of the
   31  public at the time the unauthorized person or persons entered.
   32         6. .... I have directed the unauthorized person or persons
   33  to leave the real property, but they have not done so.
   34         7. .... The person or persons are not current or former
   35  tenants pursuant to any valid lease authorized by the property
   36  owner, and any lease that may be produced by an occupant is
   37  fraudulent.
   38         8. .... The unauthorized person or persons sought to be
   39  removed are not an owner or a co-owner of the property and have
   40  not been listed on the title to the property unless the person
   41  or persons have engaged in title fraud.
   42         9. .... The unauthorized person or persons are not
   43  immediate family members of the property owner.
   44         10. .... There is no litigation related to the real
   45  property pending between the property owner and any person
   46  sought to be removed.
   47         11. .... I understand that a person or persons removed from
   48  the property pursuant to this procedure may bring a cause of
   49  action against me for any false statements made in this
   50  complaint, or for wrongfully using this procedure, and that as a
   51  result of such action I may be held liable for actual damages,
   52  penalties, costs, and reasonable attorney fees.
   53         12. .... I am requesting the sheriff to immediately remove
   54  the unauthorized person or persons from the residential
   55  property. I authorize the Sheriff to enter the property using
   56  reasonably necessary force, search the property, and remove any
   57  unauthorized person.
   58         13. .... A copy of my valid government-issued
   59  identification is attached, or I am an agent of the property
   60  owner, and documents evidencing my authority to act on the
   61  property owner’s behalf are attached.
   62  
   63  I HAVE READ EVERY STATEMENT MADE IN THIS PETITION AND EACH
   64  STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS
   65  MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY,
   66  PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, FLORIDA
   67  STATUTES.
   68  
   69  ...(Signature of Property Owner or Agent of Owner)...
   70  
   71  
   72  ================= T I T L E  A M E N D M E N T ================
   73  And the title is amended as follows:
   74         Delete line 36
   75  and insert:
   76         references thereto; amending s. 82.036; specifying a
   77         requirement for the complaint to remove an
   78         unauthorized person from residential property;
   79         correcting a cross-reference in the complaint;
   80         providing an effective date.