HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 621 Property Rights
SPONSOR(S): Judiciary Committee, Civil Justice Subcommittee, Steele and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 888
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Judiciary Committee 15 Y, 3 N, As CS Mathews Kramer
SUMMARY ANALYSIS
It is well-established that the “right to exclude others” is a fundamental right of property ownership. In recent
news, there has been an increasing prevalence of “squatters” unlawfully entering residential property and
refusing to leave when asked. By refusing to leave, a squatter violates the property owner’s right to exclude
and his or her freedom to enjoy the property as he or she desires.
CS/CS/HB 621 creates s. 82.036, F.S., to create a limited process for the removal of unauthorized persons
from residential real property. Under this new process, a property owner or his or her authorized agent may file
a verified complaint with the sheriff in the county in which the property is located. Upon verification of the
identity of the person filing the complaint and verification of the person’s right to possess the real property, the
sheriff must serve notice to the unlawful occupants to immediately vacate the property. The bill allows the
sheriff to charge a fee for this service as well as a reasonable hourly rate if the property owner requests the
sheriff’s assistance in keeping the peace while changing the locks and removing the unlawful occupant’s
personal property from the residence.
The bill provides immunity from liability to the sheriff for any loss, destruction, or damage to property. Further,
the bill provides the lawful property owner immunity from liability for any loss, destruction, or damage to
personal property, unless the removal was wrongful. The bill creates a civil cause of action for wrongful
removal and authorizes a wrongfully removed party to collect damages, court costs, and fees, where
appropriate.
The bill creates the following crimes related to the real property:
 Unlawfully detaining a residential dwelling and intentionally causing at least $1,000 in damage to such
dwelling is a second-degree felony.
 The use of false documents purporting to be a valid lease or deed is a first-degree misdemeanor.
 The fraudulent listing, sale, or lease of a residential property without possessing an ownership right to
or leasehold interest in the property is a first-degree felony.
The bill may have an insignificant fiscal impact on local governments due to the increase in workload for law
enforcement. However, the costs will likely be covered by the fee the sheriff is authorized to collect for such
services. The bill’s new criminal penalties may also have an impact on jail or prison beds.
The bill has an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
A property owner seeking a civil court order for removal of an unlawful occupant from the owner’s
property may file an action for possession in county or civil court. If the owner prevails in his or her
case, the clerk of court will issue a writ of possession to the Sheriff commanding the Sheriff to return
possession of the property to the owner. Without an order from the court, law enforcement is not
necessarily required to remove unwanted persons from an owner’s property.
Further, it is well-established that the “right to exclude others” is a universally held fundamental right of
property ownership.1 In recent news, there has been an increasing prevalence of “squatters” unlawfully
entering residential property and refusing to leave when asked. By refusing to leave, a squatter violates
the property owner’s right to exclude and his or her freedom to enjoy the property as he or she
desires.2
Actions for Possession
Property owners possess three separate, yet somewhat overlapping, judicial remedies for removing an
unwanted guest from their home, depending on the applicable circumstances.
Eviction
Part II of ch. 83, F.S., the “Florida Residential Landlord and Tenant Act” (FRLATA), governs the
relationship between landlords and tenants under a residential lease agreement. A rental agreement
includes any written or oral agreement regarding the duration and conditions of a tenant’s occupation of
a dwelling unit.3 Section 83.57, F.S., provides that a tenancy without a specific term may be terminated
upon written notice of either party. The amount of notice required may range from 7 to 60 days. 4 A
landlord may recover possession of a dwelling unit if the tenant does not vacate the premises after the
rental agreement is terminated by filing an action for possession. 5 The FRLATA may apply to situations
in which an invited guest made some minor contributions for the purchase of household goods or the
payment of household expenses while residing in the property with the consent of the owner if a court
decides that such an arrangement is a residential tenancy based on an agreement to pay "rent" in
exchange for occupancy. However, if the court determines that possession is not based on residential
tenancy (a landlord-tenant relationship), eviction is not the proper remedy and procedures under
FRLATA are not available.6
Unlawful Detainer
An unlawful detainer action can be filed to remove an unwanted guest who occupied residential
property with the consent of the owner but who has refused to surrender possession of the property
upon the expiration or revocation of the property owner's consent.7 In such situation, the person
1
Cf. Cedar Point Nursery v. Hassid, 141 S. Ct. 2063 (2021).
2 See generally Jonathan Turley, Fairly Big Prob lem: Squatters Invade Homes and Refuse to Leave. How is This Legal?, USA Today
(July 3, 2023), https://www.usatoday.com/story/opinion/2023/07/03/squatters-rights-leave-homeowners-forgotten/70364321007/ (last
visited Feb. 17, 2024).
3 S. 83.43(12), F.S. (“A rental agreement” means any written … or oral agreement for a duration of less than 1 year, providing for use
and occupancy of premises.”)
4 S. 83.57, F.S.
5 S. 83.59, F.S.
6 Grimm v. Huckab ee, 891 So. 2d 608 (Fla. 1st DCA 2005).
7 S. 82.01(4), F.S.
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 unlawfully detaining the property ordinarily is not a tenant and claims no other right or interest in the
property.
Ejectment
An ejectment action can be filed to eject an unwanted guest who once may have had permission to live
upon the property, but subsequently claimed that he or she had a legal right to be there and refused to
leave when asked to do so by the property owner. To prevail in an ejectment action, the plaintiff must
prove that he or she has good title to the property and has been deprived of its possession by the
unwanted guest.8
The actions for eviction, unlawful detainer, and ejectment are similar, but a number of the respective
pleading requirements differ, as may the forum in which the property owner is required to file the
appropriate complaint. An eviction or unlawful detainer action must be filed in county court 9 and is
entitled to the summary procedure of s. 51.011, F.S., which provides that a defendant must answer the
action within 5 days.10 Thus, an action for possession based upon eviction or unlawful detainer may
only take several weeks before entry of a judgment. Ejectment actions, however, are subject to the
exclusive original jurisdiction of the circuit court11 and are governed by the Florida Rules of Civil
Procedure, which may result in a longer court process before a property owner may obtain a judgment
for possession.
Statutory Remedy for Removal of a Transient Occupant
The term “transient” describes something that is temporary, impermanent, or passing; accordingly, a
transient is understood to mean a person whose presence is temporary or fleeting. 12 Pursuant to s.
82.035(1), F.S., a “transient occupant” is a person whose residency in real property intended for
residential use has occurred for a brief length of time, is not pursuant to a lease, and whose occupancy
was intended as transient in nature.13
Pursuant to s. 82.035(4), F.S., an owner or person who is otherwise entitled to possession of real
property has a cause of action for unlawful detainer against a transient occupant. However, if the court
determines that the defendant is not a transient occupant, but rather is a tenant of the property, the
petitioner must seek eviction to remove the defendant.14
Chapter 82, F.S., identifies several factors that may establish a person’s occupancy of residential
property as transient, including a person who:
 Does not have an ownership interest, financial interest, or leasehold interest in the property
entitling him or her to occupancy;
 Does not have any property utility subscriptions;
 Cannot produce documentation, correspondence, or identification cards sent or issued by a
government agency which show that the person used the property address of record with the
agency within the previous 12 months;
 Pays minimal or no rent for his or her stay at the property;
 Does not have a designated space of his or her own, such as a personal bedroom, at the
property;
 Has minimal, if any belongings, at the property; and
8 S. 66.021, F.S.
9 S. 34.011(2), F.S.
10 Under the summary procedure of s. 51.011, F.S., all defenses of law or fact are required to be contained in the defendant's a nswer
which must be filed within five days after service of process of the plaintiff’s complaint. If the answer incorporates a cou nterclaim, the
plaintiff must include all defenses of law or fact in his or her answer to the counterclaim and serve it within five days aft er service of the
counterclaim. No other pleadings are permitted, and all defensive motions, including motions to qu ash, are heard by the court prior to
trial. Postponements are not permitted for discovery, and the procedure also provides for an immediate trial, if requested.
11 S. 26.012(2)(f), F.S.
12 Black’s Law Dictionary 1637 (9th ed. 2009).
13 S. 82.035(1), F.S.
14 S. 82.035(4), F.S.
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  Has an apparent permanent residence elsewhere.15
Although a transient occupant may have once been on the residential property legally, with permission
by the property owner, the transient occupant may unlawfully detain residential property if he or she
remains in occupancy after the owner has asked or directed the transient occupant to leave.16 In the
case of a transient occupant who unlawfully remains on residential property, current law authorizes law
enforcement to direct the transient occupant to leave.17 An owner of a residential property may present
a sworn affidavit detailing the transient occupant’s unlawful detainer of the property to a law
enforcement officer.18 The sworn affidavit must set forth facts to establish that the transient occupant
remains unlawfully on the property.
Upon receipt of a sworn affidavit, a law enforcement officer may, but is not required to, direct the
transient occupant to leave the property. A transient occupant who fails to comply with such direction
from a law enforcement officer is considered to be trespassing on the property pursuant to s. 810.08,
F.S.19 Current law provides redress against the person who requested the removal for a party who is
wrongfully removed from a property under the transient occupancy provisions of ch. 82, F.S. 20
Criminal Trespass
Section 810.08, F.S., provides that a person commits the criminal offense of trespass in a structure or
conveyance if the person, without being authorized, licensed, or invited, willfully enters or remains in
any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or
lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do
so.21 Generally, trespass is a second-degree misdemeanor; however, the severity of the offense
increases in certain situations such as when a person is present in the structure at the time of the
trespass. A trespass with a person present in the structure is a first degree misdemeanor. 22 Similarly, a
trespass committed while the trespasser is armed with a firearm or a dangerous weapon constitutes a
third-degree felony.23
Where a criminal trespass is occurring, a law enforcement officer arrests the trespasser and
immediately restores the real property owner to possession of the real property, without cos t. However,
where the criminal trespass offense is not readily observable because the trespasser claims ownership
or lease rights, a law enforcement officer may decline to arrest or remove the person from the property
and view the dispute as a “civil matter.” In that situation, the law enforcement officer may decide not to
force the unwanted person to surrender possession of the property without a court order.
Property Crimes
Florida criminalizes various behavior related to fraudulently obtaining or damaging property that a
person does not own. Section 817.03, F.S., provides that any person who makes or causes to be made
any false written statement relating to his or her financial condition, assets or liabilities, or relating to the
financial condition, assets or liabilities of any firm or corporation in which such person has a financial
interest, or for whom he or she is acting, with a fraudulent intent of obtaining credit, goods, money or
other property, and by such false statement obtains credit, goods, money or other property, commits a
first-degree misdemeanor.24
Further, section 806.13, F.S., provides criminal penalties for acts of criminal mischief. A person
commits criminal mischief if he or she willfully and maliciously injures or damages real or personal
15
S. 82.035(1)(a), F.S.
16
S. 82.035(2), F.S.
17 S. 82.035(3), F.S.
18 Id.
19 S. 82.035(3)(a), F.S.
20
S. 82.035(3)(b), F.S.
21S. 810.08(1), F.S.
22 S. 82.08(2), F.S.
23 S. 82.08(2)(c), F.S.
24 A first-degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Ss. 775.082 and 775.083, F.S.
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 property belonging to another, and includes placing graffiti or doing other acts of vandalism. The
severity of the crime and the penalties associated with criminal mischief vary depending on the amount
of damage caused.
Effect of Proposed Changes
CS/CS/HB 621 creates s. 82.036, F.S., to provide a limited remedy to remove an unauthorized person
from residential real property. The bill provides a statement of Legislative findings which emphasizes
that the right to exclude another person from entering a person’s residential property, as well as the
right to direct a person to leave one’s own residential property, are two of the most important real
property rights afforded to property owners. Further, the statement provides that current remedies
available to an owner of residential real property to remove an unauthorized person are insufficient and
fail to adequately protect the rights of the owner. The statement explains that the intent of the proposed
law is to quickly restore possession of residential real property to the lawful owner without delay, while
limiting the opportunity for criminal activity or retribution, which would cause additional harm to the
property and the property owner.
Immediate Removal of Unlawful Occupants of Residential Real Property
The bill creates a mechanism by which a lawful property owner or his or her authorized agent may
request the sheriff of the county in which the property is located to immediately remove an
unauthorized person or persons from the residential real property. In order to utilize this limited
alternative process, all of the following conditions must be met:
 The person requesting the removal of an unauthorized person is the property owner or the
authorized agent of the property owner;
 The real property being occupied includes a residential dwelling;
 An unauthorized person or persons have unlawfully entered and continue to remain or reside
on the property;
 The real property was not open to the public at the time the unauthorized person entered;
 The property owner has already directed the unauthorized person to leave the property;
 The unauthorized person is not a current or former tenant pursuant to a written or oral rental
agreement authorized by the property owner;