Hello, Florida landlords and property owners! Today, we’re diving into a topic that has probably been on your radar: the implications of the newly enacted Florida Statute 82.036 (“Squatter Statute”). With the influx of investors and second-home buyers in our sunshine state, many properties can occasionally sit vacant, making them potential targets for squatters. Let’s unpack what this new law means for you and how it aims to protect your assets.
The Rise Of Squatter Issues In Florida
Florida has long been a hotspot for investors and those looking for vacation or secondary homes that might be empty from time to time. Unfortunately, this can lead to unwanted occupants: SQUATTERS.
Squatters can quietly move into unoccupied homes, living rent-free and often causing considerable damage. The nightmare stories you hear? They’re not just tales; they’re real problems that cost REAL money—and a lot of headaches. Previously, removing these unauthorized occupants involved lengthy and costly court battles, which could drag on while squatters continued to occupy (and damage) the property. The introduction of Florida Statute 82.036 aims to directly combat this rising epidemic.
What Does Florida Statute 82.036 Change?
Effective July 1, 2024, Florida Statute 82.036 changes the game. It streamlines the process of removing squatters by allowing property owners to bypass the courts initially and go directly to their local County Sheriff for help. Here’s how it works:
Filing a Complaint
As an owner, you can now file a complaint directly with the Sheriff, provided you meet certain conditions:
- You must be the property owner or a duly authorized agent.
- The property must include a residential dwelling.
- The squatters entered without permission and are not tenants, family members, or have any legitimate claim to the property.
Immediate Action
Upon filing, if the Sheriff verifies your ownership and the conditions of the complaint, they can act immediately to serve notice to the squatters and remove them from the property.
Precautions and Protections
Despite this process being streamlined, it’s important to ensure every statement in your complaint is accurate to avoid potential liability. The law also protects your actions from being considered unlawful unless proven otherwise, providing some peace of mind during these actions.
Broader Implications And Legal Considerations Of Florida Statute 82.036
This statute not only facilitates quicker removal of unauthorized occupants but also updates the penalties associated with trespassing and damage:
- Criminal Charges: Significant property damage (over $1,000) by squatters can now result in second-degree felony charges.
- Fraudulent Practices: There are harsher penalties for those attempting to falsify documents to claim residence or ownership.
While the new law offers a robust framework for protecting property owners, it also carries potential risks. Missteps in the eviction process could lead to significant legal battles. Therefore, consulting with a knowledgeable real estate attorney before taking action is crucial.
Be Prepared And Informed
For many of you, property is more than just an asset; it’s a significant investment or a future home. Understanding and navigating the legal landscape is essential to protect these investments. Florida Statute 82.036 represents a substantial shift in how property rights are enforced in the face of squatting issues, offering a faster, more direct route to reclaiming your property. Stay informed, consult with our attorneys at 954 Eviction Attorneys, by calling 954.323.2529 to ensure you are fully prepared to utilize this new law effectively.
