United States · property

How to Remove Squatters Under Florida HB 621

Florida House Bill 621 eliminates lengthy court evictions for genuine squatters, establishing an expedited sheriff-led removal process under Florida Statute § 82.036. By filing a verified statutory complaint with your county sheriff, you can reclaim your residential property quickly while avoiding wrongful eviction pitfalls. Discover the exact qualifying standards, statutory warnings, and step-by-step enforcement actions required.

What the Law Says About Squatter Removal in Florida

In Florida, United States, House Bill 621 enacted Florida Statute § 82.036, establishing a powerful alternative remedy for residential property owners victimized by unlawful occupants. Historically, squatters exploited procedural delays in civil unlawful detainer and landlord-tenant litigation under Chapters 82 and 83 of the Florida Statutes, remaining on properties rent-free for months while owners carried mortgages, taxes, and utility costs. The statutory framework under § 82.036 fundamentally changes this dynamic by permitting county sheriffs to immediately remove unauthorized individuals upon submission of a sworn, verified complaint.

The legislation also establishes severe criminal penalties to deter fraudulent occupancy schemes. Under Florida Statutes § 817.03, knowingly and willfully presenting a forged lease, false deed, or fraudulent title instrument to claim property rights is classified as a first-degree misdemeanor. Furthermore, under Florida Statutes § 806.13, an unlawful occupant who intentionally causes $1,000 or more in damage to a residential dwelling commits a second-degree felony, and listing or leasing someone else's residential real property without lawful authorization is a first-degree felony under Florida Statutes § 817.0311.

Qualifying Conditions and Legal Risks Under Florida Statute § 82.036

To utilize the expedited removal process under Florida Statute § 82.036 rather than a formal civil court lawsuit, your situation must satisfy eight strict statutory conditions. The applicant must be the record property owner or their authorized agent, the property must be a residential dwelling, and the intruder must have entered unlawfully without public invitation and continue to reside there despite being directed to leave. Crucially, the occupant cannot be an immediate family member (spouse, child, grandchild, parent, grandparent, or sibling), cannot be a current or former tenant under an oral or written lease, and there must be no pending litigation between the parties regarding the property.

Property owners must proceed with rigorous factual precision. Florida Statute § 82.036(4) creates substantial civil liability for wrongful removal: if an owner knowingly makes false statements in the verified complaint or causes a lawful occupant or tenant to be removed improperly, the ousted party can sue for restoration of possession, actual damages, statutory damages equal to triple the fair market rent, court costs, and reasonable attorney fees. This remedy cannot be used as an end-run around standard Florida Chapter 83 eviction procedures for holdover tenants or contested lease agreements.

What You Can Do Next to Reclaim Your Property

If unauthorized individuals have entered your residential property without legal authority, immediate documentation is critical. Secure your title records, survey or parcel identification details, and any evidence demonstrating unauthorized entry, such as broken locks, utility tampering, or surveillance footage. Deliver an unequivocal written notice demanding that all occupants vacate immediately, and verify that no tenant relationship or unresolved dispute ever existed under Florida law.

Once noncompliance is documented, execute the statutory 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' under penalty of perjury and file it with the sheriff's civil division in the county where your residential property sits. If you need help verifying that your situation strictly meets Florida Statute § 82.036, drafting your complaint, or assembling your ownership evidence, you can use Caunsel to research this, save documents in a case, or talk to an independent lawyer.

Steps

• Confirm that your matter meets every statutory criterion under Fla. Stat. § 82.036: ensure the occupants are not former or current tenants, not immediate family members, and that no active title litigation exists.
• Deliver a clear written and verbal notice ordering the unauthorized occupants to leave the residential dwelling immediately.
• Complete and sign the verified 'Complaint to Remove Persons Unlawfully Occupying Residential Real Property' form under penalty of perjury, attaching your warranty deed or official property appraiser records.
• Submit the verified complaint to the civil process division of the local county sheriff's office and pay the statutory service fee.
• Coordinate with the responding sheriff deputies as they verify record ownership, serve the vacate notice, remove the occupants, and restore lawful possession to you.

Common mistakes

• Engaging in self-help evictions—such as turning off water or power, changing locks without sheriff authority, or discarding occupant belongings—which violates Florida law and exposes you to severe civil penalties.
• Using Florida Statute § 82.036 against holdover tenants, former subletters, or ex-partners who had permission to reside on the premises, triggering triple-rent damages for wrongful removal.
• Filing a verified complaint without verifying the county land registry and property appraiser records to prove current legal ownership.
• Failing to inspect the property immediately upon regaining possession to document any vandalism exceeding $1,000 for felony criminal mischief charges under Fla. Stat. § 806.13.

Questions people ask

Does Florida HB 621 apply to commercial buildings or vacant parcels of land?

No. Florida Statute § 82.036 is explicitly restricted to residential dwellings. If unauthorized individuals occupy commercial property or unimproved acreage, owners must utilize standard ejectment or unlawful detainer actions under Florida Statutes Chapter 82.

What happens if a squatter presents a fake lease agreement to the sheriff?

Under Florida Statutes § 817.03, knowingly presenting a forged lease, deed, or fraudulent instrument to claim residential occupancy is a first-degree misdemeanor. Deputies can verify lease authenticity and arrest individuals presenting counterfeit contracts.

Can I use HB 621 if the squatter claims they paid rent to an online scammer?

Yes, provided the occupant does not have a valid lease agreement with you or your authorized agent and you never accepted money or granted permission. The third party who fraudulently marketed or leased your home may also face first-degree felony charges under Florida Statutes § 817.0311.

General information only, last updated 2026-10-08. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in United States.