In recent times, the issue of squatting has become a growing concern for property owners across the nation, and Florida is no exception. To address this pressing issue, Governor Ron DeSantis has signed into law the HB 621: Property Rights law to address squatters and owner’s rights. The new squatters’ law, is aimed to provide greater protection to property owners and streamline the process of dealing with unlawful occupants. This was signed into law on March 27, 2024 and will become effective July 1st, 2024. Let’s delve into what this new law entails and how it could impact both property owners and squatters in the Sunshine State.
Background
Squatting, the act of occupying an abandoned or unoccupied space without lawful permission, has been a longstanding issue in Florida. It poses significant challenges for property owners, often leading to legal disputes and lengthy eviction processes. Recognizing the need for stronger measures to combat this problem, Governor DeSantis has taken decisive action by signing a new squatters’ law.
Key Provisions
The new law, officially known as HB 621, introduces several key provisions aimed at addressing the issue of squatting more effectively. One of the most notable provisions is the streamlined process for property owners to reclaim their property from squatters. Under the new law, property owners are granted expedited access to the courts to seek eviction orders, thereby reducing the time and resources required to resolve squatting disputes.
Furthermore, the law imposes stricter penalties on squatters found to be unlawfully occupying a property. This includes fines, civil penalties, and potential criminal charges for repeat offenders. By imposing harsher consequences, the law seeks to deter individuals from engaging in squatting activities and protect the rights of property owners.
Importantly, the new law also includes provisions to safeguard the rights of legitimate tenants. It clarifies that individuals who lawfully lease or rent a property are not considered squatters, providing clarity and protection to tenants who may face unwarranted eviction attempts.
Impact and Implications
The enactment of Florida’s new squatters’ law is poised to have significant implications for both property owners and squatters alike. For property owners, the law offers a more efficient and streamlined process for reclaiming their properties from unlawful occupants, thereby reducing the financial and emotional burdens associated with squatting disputes. Under the HB 621 bill, a property owner can request law enforcement to immediately remove a squatter from their property if the following conditions are met:
- The individual has unlawfully entered and remains on the property;
- The individual has been directed to leave the property by the owner but has not done so; and
- The individual is not a current or former tenant in a legal dispute.
On the other hand, squatters now face stiffer penalties and consequences for their actions, underscoring the seriousness of unlawfully occupying a property. With expedited eviction procedures and stricter enforcement measures in place, the new law sends a clear message that squatting will not be tolerated in the state of Florida. The bill makes it:
- A first-degree misdemeanor for making a false statement in writing to obtain real property or for knowingly and willfully presenting a falsified document conveying property rights;
- A second-degree felony for any person who unlawfully occupies or trespasses in a residential dwelling and who intentionally causes $1,000 or more in damages; and
- A first-degree felony for knowingly advertising the sale or rent of a residential property without legal authority or ownership.
Conclusion
In conclusion, Florida’s new squatters law represents a significant step forward in addressing the issue of squatting and protecting the rights of property owners. By streamlining the eviction process, imposing stricter penalties, and clarifying the rights of legitimate tenants, the law aims to strike a balance between safeguarding property rights and ensuring fair treatment for all parties involved. As the law takes effect, it is essential for property owners and squatters alike to familiarize themselves with its provisions and understand their rights and responsibilities under the new legal framework.
For further reading, visit the following websites:
https://www.flsenate.gov/Session/Bill/2024/621
(Note: The provided link directs readers to additional resources for comprehensive understanding)