Q&A – Florida’s New Squatting Law
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Today’s Entry: Brian, with the illegals continuing to pour into the country squatters are becoming a bigger problem than ever before. I have a property I use for vacation rentals and am concerned about the trend of people essentially taking over properties once they get in them. Has Florida done anything to address this?
Bottom Line: The answer is yes, the Florida legislature has done something to address the issue of squatters and yes, it will soon be signed into law by Governor DeSantis. To your point, while the practice of squatting isn’t new, it is a problem that began to proliferate during the pandemic and has surged in the years since as scam artists, career criminals and illegal immigrants alike figured out how to game the system. It was just last week that a Venezuelan illegal immigrant went viral for a TikTok video telling illegal immigrants how to become squatters stating that his next business would be “invading” empty houses. There are now endless stories of homeowners having vacant properties taken over by squatters, having properties listed for sale that have been assumed by squatters and to the root of your concern, even some squatters that have paid for a vacation rental but that then have refused to leave. The issue has become pervasive.
While there are problems across the country, certain cities have been targeted more than others. Atlanta, in particular, has become a hotbed for squatters with greater than 1,200 homes having been seized by squatters – including one of the most egregious examples of squatting to date. Last year, when a Lt. Colonel in the US Army was deployed, she returned to a home that had been taken over by a squatter. In fact, some squatters have monitored social media and targeted homes of those who’re on vacation (which is detected by people posting about their vacations on social media). While Florida hasn’t been one of the hotbeds for squatters – there have been numerous and growing examples of the problem across the state. The Jacksonville metro had the largest number of squatting cases within the state. Going forward times are set to change.
The reason squatters have had so much success across the country has been due to a deficiency in the law that’s been exploited. State governments historically hadn’t considered the possibility of people having the audacity to invade other’s homes. Thus, there hasn't been policy specifically dealing with the practice. To most people the idea that someone could illegally confiscate and live in someone else’s house without the owner being able to take immediate action to remove them is outrageous. And to be sure it is. The loophole exploited by squatters has been the type of law applied. It’s been civil law as opposed to criminal law.
The current law in Florida, and in other states still struggling with the growing problem of squatters, has been fashioned around the eviction of renters. That process, which is a civil process, requires the owner of the property to go through an eviction process for law enforcement to be able to get involved in the removal of a person or people from one’s property. In order for law enforcement to take immediate action there needs to be a criminal offense. The criminalization of squatting is the key to addressing the issue and that’s exactly what Florida’s soon-to-be new policy will address.
Near the end of this year’s state legislative session the legislature passed the Property Rights bill unanimously. Here’s the state’s analysis on the impact of this soon-to-be law:
The “right to exclude others” is a fundamental right of property ownership. In recent news reports, there has been an increasing prevalence of “squatters” unlawfully entering residential property and refusing to leave when asked. By refusing to leave, a squatter violates the property owner’s right to exclude and his or her freedom to enjoy the property as he or she desires. The bill creates s. 82.036, F.S., to create a limited process for the removal of unauthorized persons from residential real property. Under this new process, a property owner or his or her authorized agent may file a verified complaint with the sheriff in the county in which the property is located for the immediate removal of such unauthorized persons. Upon verification of the identity of the person filing the complaint and verification of the person’s right to possess the real property, the sheriff must serve notice to the unlawful occupants to immediately vacate the property. The bill allows the sheriff to charge a fee for this service as well as a reasonable hourly rate if the property owner requests the sheriff’s assistance in keeping the peace while changing the locks and removing the unlawful occupant’s personal property from the residence. The bill provides immunity from liability to the sheriff for any loss, destruction, or damage to property. Further, the bill provides the lawful property owner immunity from liability for any loss, destruction, or damage to personal property, unless the removal was wrongful. The bill creates a civil cause of action for wrongful removal and authorizes a wrongfully removed party to collect damages, court costs, and attorney fees, where appropriate.
That’s rather straight forward. Once Governor DeSantis signs the bill the new law will take effect July 1st. The effect of the law, which obviously has teeth, including expenses which must be paid by the squatters, will likely steer would-be squatters away from our state and towards those which have commonly engaged in sanctuary-styled policies. In the meantime, hopefully word of this policy soon taking effect will lead to fewer attempts over the next few months leading up to the policy change.