summary
Introduced
01/21/2025
01/21/2025
In Committee
04/03/2025
04/03/2025
Crossed Over
Passed
Dead
06/16/2025
06/16/2025
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 hb213-01-c1 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 strengthens property owners' rights to remove unauthorized occupants from both residential and commercial properties by establishing clear legal procedures for such removals. For residential properties, the bill modifies existing law to create a standardized complaint form that property owners or their agents must complete when requesting a sheriff to remove unlawful occupants, including specific requirements such as proving ownership, documenting attempts to remove the occupants, and affirming that the occupants are not legitimate tenants. For commercial properties, the bill creates an entirely new section of law that allows property owners to request immediate removal of unauthorized occupants by submitting a similar verified complaint to the local sheriff. The bill also introduces criminal penalties for those who unlawfully occupy or damage commercial or residential properties, such as making it a second-degree felony to intentionally cause $1,000 or more in property damage while trespassing. Additionally, the legislation prohibits fraudulently listing, selling, or leasing properties without legal ownership or authority, and provides civil remedies for wrongful removals. The bill aims to provide property owners with more efficient legal tools to protect their real estate from unauthorized occupation while also establishing safeguards to prevent potential abuse of these removal procedures.
Committee Categories
Justice
Sponsors (3)
Other Sponsors (1)
Judiciary Committee (House)
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/SB 322 (Ch. 2025-112) (on 04/29/2025)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.flsenate.gov/Session/Bill/2025/213 |
| Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/213/Analyses/h0213z1.CIV.PDF |
| Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/213/Analyses/h0213z.CIV.PDF |
| BillText | https://www.flsenate.gov/Session/Bill/2025/213/BillText/c1/PDF |
| Analysis - Judiciary Committee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/213/Analyses/h0213b.JDC.PDF |
| Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/213/Analyses/h0213a.CIV.PDF |
| Analysis - Civil Justice & Claims Subcommittee (Post-Meeting) | https://www.flsenate.gov/Session/Bill/2025/213/Analyses/h0213.CIV.PDF |
| BillText | https://www.flsenate.gov/Session/Bill/2025/213/BillText/Filed/PDF |
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