Florida HB 621: Property Rights

Bill Text

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

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An act relating to property rights; creating s. 2
82.036, F.S.; providing legislative findings; 3
authorizing property owners or their authorized agents 4
to request assistance from the sheriff from where the 5
property is located for the immediate removal of 6
unauthorized occupants from a residential dwelling 7
under certain conditions; requiring such owners or 8
agents to submit a specified completed and verified 9
complaint; specifying requirements for the complaint; 10
providing requirements for the sheriff; authorizing a 11
sheriff to arrest an unauthorized occupant for legal 12
cause; providing that sheriffs are entitled to a 13
specified fee for service of such notice; authorizing 14
the owner or agent to request that the sheriff stand 15
by while the owner or agent takes possession of the 16
property; authorizing the sheriff to charge a 17
reasonable hourly rate; providing that the sheriff is 18
not liable to any party for loss, destruction, or 19
damage; providing that the property owner or agent is 20
not liable to any party for the loss or destruction 21
of, or damage to, personal property unless it was 22
wrongfully removed; providing civil remedies; 23
providing construction; amending s. 806.13, F.S.; 24
prohibiting unlawfully detaining, or occupying or 25

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

trespassing upon, a residential dwelling intentionally 26
and causing a specified amount of damage; providing 27
criminal penalties; amending s. 817.03, F.S.; 28
providing criminal penalties for any person who 29
knowingly and willfully presents a false document 30
purporting to be a valid lease agreement, deed, or 31
other instrument conveying real property rights; 32
creating s. 817.0311, F.S.; prohibiting listing or 33
advertising for sale, or renting or leasing, 34
residential real property under certain circumstances; 35
providing criminal penalties; providing an effective 36
date. 37
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Be It Enacted by the Legislature of the State of Florida: 39
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Section 1. Section 82.036, Florida Statutes, is created to 41
read: 42
82.036 Limited alternative remedy to remove unauthorized 43
persons from residential real property.— 44
(1) The Legislature finds that the right to exclude others 45
from entering, and the right to direct others to immediately 46
vacate, residential real property are the most important real 47
property rights. The Legislature further finds that existing 48
remedies regarding unauthorized persons who unlawfully remain on 49
residential real property fail to adequately protect the rights 50

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

of the property owner and fail to adequately discourage theft 51
and vandalism. The intent of this section is to quickly restore 52
possession of residential real property to the lawful owner of 53
the property when the property is being unlawfully occupied and 54
to thereby preserve property rights while limiting the 55
opportunity for criminal activity. 56
(2) A property owner or his or her authorized agent may 57
request from the sheriff of the county in which the property is 58
located the immediate removal of a person or persons unlawfully 59
occupying a residential dwelling pursuant to this section if all 60
of the following conditions are met: 61
(a) The requesting person is the property owner or 62
authorized agent of the property owner. 63
(b) The real property that is being occupied includes a 64
residential dwelling. 65
(c) An unauthorized person or persons have unlawfully 66
entered and remain or continue to reside on the property owner's 67
property. 68
(d) The real property was not open to members of the 69
public at the time the unauthorized person or persons entered. 70
(e) The property owner has directed the unauthorized 71
person to leave the property. 72
(f) The unauthorized person or persons are not current or 73
former tenants pursuant to a written or oral rental agreement 74
authorized by the property owner. 75

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

(g) The unauthorized person or persons are not immediate 76
family members of the property owner. 77
(h) There is no pending litigation related to the real 78
property between the property owner and any known unauthorized 79
person. 80
(3) To request the immediate removal of an unlawful 81
occupant of a residential dwelling, the property