thenewLawsinFLoridathatareproteCtinghomeownersagainstsquatters
Criminal law Section Chairs : JustinPetredis – TheLawOfficesofJustinPetredis & AmyCasanova-Ward – FloridaDepartmentofFinancialServices-OfficeoftheGeneralCounsel
Floridahomeownersnow havemorerightsand protectionsthentheyever hadbefore . thisisno longerjustacivilmatter .
On March 27 , 2024 , Governor Ron DeSantis signed House Bill 621 . House Bill 621 is a law which , at the request of a property owner , authorizes the sheriff to immediately remove and arrest squatters . It also created two new statutes , § 82.036 and § 817.0311 , Fla . Stats , and it amended certain provisions of two already existing statutes : § 806.13 and § 817.03 , Fla . Stats . to include provisions for real property .
Section 82.036 Fla Stat ., titled as “ Limited Alternative Remedy to Remove Unauthorized Persons from Residential Real Property ,” allows the sheriff of the county in which the property is located to remove an unlawful occupant of a residential dwelling . The statute sets out a procedural way and a sample complaint to be filed with the sheriff for homeowners and their registered agent to immediately remove squatters .
Section 817.0311 , Fla . Stat ., titled as “ Fraudulent Sale or Lease of Residential Real Property ,” allows law enforcement to arrest “ a person who lists or advertises residential real property for sale knowing that the purported seller
has no legal title or authority to sell the property , or rents or leases the property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property .” The person arrested is then charged with a first-degree felony , which is punishable by up to thirty years in Florida State Prison . The person charged is also subjected to a fine of ten thousand dollars . See : § 775.083 , Fla . Stat .
Section 806.13 , Fla . Stat , titled as “ Criminal Mischief ; penalties ; penalty for minor ,” was also updated . Section 806.13 ( 4 ) was added to include the provision that now allows law enforcement to charge a person with a seconddegree felony , punishable by up to fifteen years in Florida State Prison , if they unlawfully detain or occupy or trespass “ upon a residential dwelling and … intentionally damage [] the dwelling causing $ 1,000 or more in damages .” The person charged is also subjected to a fine of ten thousand dollars . See : § 775.083 , Fla . Stat .
Section 817.03 , Fla . Stat , newly titled as “ Making False Statement to Obtain Property or Credit or to
Detain Real Property ” was updated to include the ‘ detain real property ’ part . Section 817.03 ( 2 ) was added to include the provision that now allows law enforcement to charge a person if “ with the intent to detain or remain upon real property [ they ] knowingly and willfully present to another person a false document purporting to be a valid lease agreement , deed , or other instrument conveying real property rights .” The person arrested is then charged with a first-degree misdemeanor , which is punishable by up to 364 days in the county jail . The person charged is also subjected to a fine of one thousand dollars . See : § 775.083 , Fla . Stat .
In conclusion , Florida homeowners now have more rights and protections then they ever had before . This is no longer just a civil matter . The new laws make squatting , and the damage done to real property that squatters leave behind , a criminal matter , enforceable by jail time and / or very lengthy Florida Prison sentences . n
Author : Amy Casanova-Ward – Florida Department of Financial Services
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