summary
Introduced
01/21/2025
01/21/2025
In Committee
04/28/2025
04/28/2025
Crossed Over
03/19/2025
03/19/2025
Passed
06/02/2025
06/02/2025
Dead
Signed/Enacted/Adopted
06/03/2025
06/03/2025
Introduced Session
2025 Regular Session
Bill Summary
An act relating to property rights; amending s. 82.036, F.S.; specifying a requirement for a complaint to remove an unauthorized person from residential real property; correcting a cross-reference in the complaint; creating s. 82.037, F.S.; authorizing a property owner or his or her authorized agent to request the sheriff in the county in which the owner’s commercial real property is located to immediately remove persons unlawfully occupying the owner’s commercial real property if specified conditions are met; requiring such owners or agents to submit a specified completed and verified complaint; specifying requirements for the complaint; specifying requirements for the sheriff upon receipt of the complaint; authorizing the sheriff to arrest an unauthorized person for legal cause; providing that sheriffs are entitled to a specified fee for service of the notice to vacate immediately; authorizing the owner or agent to request that the sheriff stand by while the owner or agent takes possession of the commercial real property; authorizing the sheriff to charge a reasonable hourly rate; providing that the sheriff is not liable to any party for the loss or destruction of, or damage to, certain personal property; providing that the property owner or agent is not liable to any party for the loss or destruction of, or damage to, personal property unless it was wrongfully removed; providing civil remedies; providing construction; amending s. 689.03, F.S.; making technical changes; amending s. 806.13, F.S.; prohibiting a person from unlawfully detaining or occupying or trespassing upon commercial real property and intentionally causing a specified amount of damage; providing criminal penalties; amending s. 817.0311, F.S.; prohibiting listing or advertising for sale, or renting or leasing, real property under certain circumstances; providing criminal penalties; reenacting ss. 775.0837(1)(c) and 895.02(8)(a), F.S., relating to habitual misdemeanor offenders and definitions, respectively, to incorporate the amendments made to ss. 806.13 and 817.0311, F.S., in references thereto; providing an effective date.
AI Summary
This bill establishes new legal procedures for property owners to remove unauthorized occupants from both residential and commercial real properties in Florida. For residential properties, the bill modifies existing law to allow property owners to submit a detailed, verified complaint to the local sheriff requesting the immediate removal of unlawful occupants. For commercial properties, the bill creates an entirely new legal mechanism that enables property owners or their authorized agents to request the sheriff's assistance in removing unauthorized persons under specific conditions. The complaint must include detailed information such as proof of property ownership, confirmation that the property was not open to the public when entered, and verification that the occupants are not legitimate tenants or owners. The bill authorizes sheriffs to serve a notice to vacate, potentially arrest trespassers, and assist property owners in regaining possession of their property. Additionally, the bill introduces criminal penalties for intentionally damaging property during unauthorized occupation and for fraudulently listing, selling, or leasing property without legal authority. The legislation aims to provide property owners with clearer, more streamlined legal tools to protect their real estate from unauthorized occupation while also establishing protections against potential misuse of these procedures.
Committee Categories
Budget and Finance
Sponsors (1)
Other Sponsors (2)
Judiciary (Senate), Rules (Senate)
Last Action
Chapter No. 2025-112 (on 06/03/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
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