The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 888
INTRODUCER: Rules Committee; Criminal Justice Committee; and Senator Perry
SUBJECT: Property Rights
DATE: February 27, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Bond Cibula JU Favorable
2. Stokes Stokes CJ Fav/CS
3. Bond Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 888 creates a new procedure for a property owner to request that a sheriff’s officer
remove an unauthorized person from residential real property. It provides that an owner of
residential property may request that the sheriff immediately remove an unauthorized person
from the owner’s property. An unauthorized person is someone not authorized to occupy the
property who is not a tenant nor an immediate family member.
An owner must contact the sheriff and file a complaint under penalty of perjury listing the
relevant facts that show eligibility for relief. The complaint form is in the bill. If the complaint
shows that the owner is eligible for relief and the sheriff can verify ownership of the property,
the sheriff must remove the unauthorized person. The property owner must pay the sheriff the
civil eviction fee plus an hourly rate if a deputy must stand by and keep the peace while the
unauthorized person is removed.
A person wrongfully removed pursuant to this procedure has a cause of action against the owner
for three times the fair market rent, damages, costs, and attorney fees.
Additionally, the bill creates three new crimes relating to unlawfully occupying a dwelling or
fraudulently advertising property for sale or lease.
The bill is effective July 1, 2024.
BILL: CS/CS/SB 888 Page 2
II. Present Situation:
The Founders of this country recognized that the protection of private property is indispensable
to the promotion of individual freedom.1 John Adams said that “[p]roperty must be secured, or
liberty cannot exist.”2 The right to exclude others is “one of the most treasured” rights of
property ownership.3 The right to exclude is “universally held to be a fundamental element of the
property right,” and is “one of the most essential sticks in the bundle of rights that are commonly
characterized as property.”4
A squatter is a person who unlawfully occupies real property and refuses to leave when asked.
By refusing to leave, the squatter violates the landowner’s right to exclude and the landowner’s
freedom to enjoy the property as he or she wants.
Legal Remedies to Remove a Squatter
The existing legal remedies to remove a squatter are:
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.5
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 cost.
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 will not force the unwanted person to surrender possession of the property
without a court order.
Unlawful Detainer
“Unlawful detention” means possessing real property, even if the possession is temporary or
applies only to a portion of the real property, without the consent of a person entitled to
possession of the real property or after the withdrawal of consent by such person.6
1
Cedar Point Nursery v. Hassid, 141 S. Ct. 2063, 2071, 210 L. Ed. 2d 369 (2021).
2
Id., citing Discourses on Davila, in 6 Works of John Adams 280 (C. Adams ed. 1851).
3
Cedar Point Nursery, citing Loretto v. Teleprompter Manhattan CATV Corp., 458 U.S. 419, 435 (1982).
4
Cedar Point Nursery at 2072; citing Kaiser Aetna v. United States, 444 U.S. 164, 176, 179–180 (1979).
5
Section 810.08(1), F.S.
6
Section 82.01(4), F.S.
BILL: CS/CS/SB 888 Page 3
Where an unlawful detention occurs, the person entitled to possession may bring a civil action
for unlawful detainer. An unlawful detainer action is filed in county court7 and is entitled to the
summary procedure of s. 51.011, F.S., for expedited review by the court.8 If the person to be
served is not found at the usual place of residence, the process server may serve a summons by
posting a copy in a conspicuous place on the property.9
If the owner or rightful resident prevails in the action, the clerk of court will issue a writ of
possession to the sheriff describing the premises and commanding the Sheriff to put him or her in
possession of the property.10 In addition to the delay caused by the time it takes to obtain and
serve a writ of possession, the property owner or rightful resident must pay a number of fees and
costs.
Landlord-Tenant Eviction
Some landowners looking to remove a squatter treat the person like a tenant and use the
landlord-tenant eviction process. Eviction of a tenant can be for violation of lease terms,
expiration of the lease, or nonpayment of rent. First, the landlord must deliver or post a notice to
vacate by a date certain (3 days for non-payment of rent, 7 days for any other cause). If the
tenant does not vacate (or cure the problem), the landlord may file a civil action for eviction.
An eviction action is filed in county court11 and is entitled to the summary procedure of
s. 51.011, F.S., for expedited review by the court. At this point forward, the court procedure for
eviction is the same as an action for unlawful detainer (see previous section).
Transient Occupant Law
In 2015, the Legislature addressed squatters by creating a nonjudicial civil remedy for removal
by law enforcement officers of a transient occupant to address squatters.12 It was amended in
2018.13 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.” The statute lists the following factors for
consideration of whether an occupancy was intended as transient:
 The person does not have an ownership interest, financial interest, or leasehold interest in the
property entitling him or her to occupancy of the property.
 The person does not have any property utility subscriptions.
 The person cannot produce documentation, correspondence, or identification cards sent or
issued by a government agency, including, but not limited to, the Department of Highway
7
Section 34.011(2), F.S.
8
Section 82.03(4), F.S. 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 answer which must be filed within five days after service of process of the plaintiff’s complaint.
If the answer incorporates a counterclaim, the plaintiff must include all defenses of law or fact in his or her answer to the
counterclaim and serve it within five days after service of the counterclaim. No other pleadings are permitted, and all
defensive motions, including motions to quash, 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.
9
Section 82.05, F.S.
10
Section 82.091, F.S.
11
Section 34.011(2), F.S.
12
Chapter 2015-89, Laws of Fla.; codified as s. 82.035, F.S.
13
Chapters 2018-83 and 2018-94, Laws of Fla.
BILL: CS/CS/SB 888 Page 4
Safety and Motor Vehicles or the supervisor of elections, which show that the person used
the property address as an address of record with the agency within the previous 12 months.
 The person pays minimal or no rent for his or her stay at the property.
 The person does not have a designated space of his or her own, such as a room, at the
property.
 The person has minimal, if any, personal belongings at the property.
 The person has an apparent permanent residence elsewhere.14
If the property owner is able to convince the law enforcement officer that an occupant of the
property qualifies as a transient occupant, and if the owner has asked the transient occupant to
leave, the law enforcement officer may direct the transient occupant to immediately leave.15
The property owner initiates the process by contacting a law enforcement agency. The property
owner must file an affidavit that sets forth the facts and addresses each of the factors listed
above.16 No fees are required.
A person wrongfully removed pursuant to this statute has a cause of action for wrongful removal
against the person who requested the removal, and may recover injunctive relief and
compensatory damages. However, a wrongfully removed person does not have a cause of action
against the law enforcement officer or the agency employing the law enforcement officer absent
a showing of bad faith by the law enforcement officer.17 The statute includes process and
procedure regarding the personal property of the transient occupant.18
Ineffectiveness of Existing Remedies to Address Unauthorized Persons
Existing legal remedies to remove a squatter are considered ineffective by some members of the
public.19 Squatters go so far as to publish how to avoid law enforcement officers and how to
destroy a home while squatting.20 Some landowners have resorted to dangerous self-help
eviction.21 Squatters have caused significant damage to properties.22
14
Section 82.035(1)(a), F.S.
15
Section 82.035(3), F.S.
16
Id.
17
Section 82.035(3)(b), F.S.
18
Section 82.035(5), F.S.
19
Andrew Mark Miller, Squatters torment homeowners across US with no resolution in sight: ‘It’s a problem,’ FOX NEWS
(Mar. 21, 2023), https://www.foxnews.com/us/squatters-torment-homeowners-across-u-s-with-no-resolution-sight-problem.
20
Your Homeless Friend Kai, How to squat. How to live rent free, YOUTUBE,
https://www.youtube.com/watch?v=6qZxirdaBFs [warning - foul language] (last visited Jan. 31, 2024).
21
Outside the Box with Flash, How I removed squatters in less than a day YOUTUBE
https://www.youtube.com/watch?v=uhz5r1JKwjs (last visited Jan. 31, 2024); Emma Colton, Armed Florida man confronts
squatter who took over house while he was overseas: police, FOX NEWS (Jan 15, 2023), https://www.foxnews.com/us/armed-
florida-man-confronts-squatter-who-took-over-house-while-he-was-overseas-police.
22
Kassy Dillon, Army reservist battles squatter living in home after she was called up for active duty, FOX NEWS (Sept. 17,
2023), https://www.foxnews.com/media/army-reservist-battles-squatter-renting-home-called-active-duty; Andrew Mark
Miller, Squatters torment homeowners across US with no resolution in sight: ‘It’s a problem,’ FOX NEWS (Mar. 21, 2023),
https://www.foxnews.com/us/squatters-torment-homeowners-across-u-s-with-no-resolution-sight-problem.
BILL: CS/CS/SB 888 Page 5
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
statement, in writing, 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 obtain credit, goods, money or other
property, is guilty of a first degree misdemeanor.23
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 by any means any
real or personal property belonging to another, including, but not limited to, the placement of
graffiti thereon or other acts of vandalism thereto.
If the damage to the property is:
 Two-hundred dollars or less, it is a second degree misdemeanor.24
 Greater than $200 but less than $1,000, it is a first degree misdemeanor.
 One thousand dollars or greater, or if there is interruption or impairment of a business
operation or public communications, transportation, supply of water, gas or power, or other
public service which costs $1,000 or more in labor and supplies to restore, it is a third degree
felony.25
III. Effect of Proposed Changes:
Civil Remedy to Remove Unauthorized Persons
The bill creates s. 82.036, F.S., to provide a limited alternative remedy to remove unauthorized
persons from residential real property. The remedy is a nonjudicial process. The bill makes the
finding that the right to exclude others from entering, and the right to direct others to
immediately vacate, residential real property are the most important real property rights. The bill
further finds that existing remedies regarding unauthorized persons who unlawfully remain on
residential real property fail to adequately protect the rights of the property owner and fail to
adequately discourage theft and vandalism. The intent of the bill is to quickly restore possession
of residential real property to the lawful owner of the property when the property is being
unlawfully occupied, and to thereby preserve property rights while limiting the opportunity for
criminal activity.
23
A first degree misdemeanor is punishable by up to 1 year in the county jail and a $1,000 fine. Sections 775.082 and
775.083, F.S.
24
Id. A second degree misdemeanor is punishable by up to 60 days in the county jail and a $500 fine. Sections 775.082 and
775.083, F.S.
25
A third degree felony is punishable by up to 5 years’ incarceration and a $5,000 fine. Sections 775.082 and 775.083, F.S.
BILL: CS/CS/SB 888 Page 6
A property owner or his or her authorized agent may request the sheriff of the county in which
the property is located to immediately remove a person or persons unlawfully occupying a
residential dwelling if all of the following are met:
 The person requesting relief is the property owner or authorized agent of the property owner;
 The real property that is being occupied includes a residential dwelling;
 An unauthorized person or persons have unlawfully entered and remain or continue to reside
on the property owner’s property;
 The real property was not open to members of the public at the time the unauthorized person
or persons entered;
 The owner has become aware that an unauthorized person or persons have been occupying
the real property;
 An unauthorized person cannot produce documentation sent or produced by a government
agency showing that the person used the property as an address of record within the past 12
months;
 An unauthorized person cannot produce a notarized lease signed by the property owner;
 The unauthorized person or persons are not current or former tenants pursuant to a written or
oral rental agreement authorized by the property owner;
 The unauthorized person or persons are not immediate family members of the property
owner; and
 There is no pending litigation related to the real property between the property owner and
any known unauthorized person.
The bill creates a complaint form for use in requesting relief. Upon receipt of the complaint, the
bill requires the sheriff to verify that the person submitting the complaint is the record owner of
the real property or the authorized agent of the owner and appears otherwise entitled to