Florida’s squatter rights laws demand a seven-year occupation period before anyone can make a valid adverse possession claim. The new legislation HB 621 has strengthened property owners’ rights by a lot against unauthorized occupants. Property owners can now ask for immediate help from law enforcement to remove squatters who won’t leave their property.
The law takes a tougher stance on squatters. Anyone making false property rights claims faces a first-degree misdemeanor charge. Squatters who cause more than $1,000 in damages will face second-degree felony charges. Property owners need to know these updated rules. They should also understand the five basic conditions squatters must meet for any adverse possession claim: Actual, Open, Continuous, Exclusive, and Hostile possession.
This detailed piece gets into Florida’s current squatter rights laws. It shows how property owners can protect what’s theirs and lays out the legal steps to remove unauthorized occupants from their properties.
Understanding Florida Squatters Rights Law 2025
Florida’s House Bill 621 will radically alter how the state deals with unauthorized property occupation starting July 1, 2024. This law brings important changes that protect property owners from squatters and sets up new legal frameworks.
Key changes in HB 621
The law creates a new way for property owners to remove unauthorized occupants without going to court. They can now ask sheriff’s officers directly for help. Property owners must submit a verified complaint with facts that show they qualify for this help. The law also creates three new criminal categories:
- First-degree misdemeanor if someone knowingly presents false documents about property rights
- Second-degree felony if someone causes $1,000 or more in damages while occupying unlawfully
- First-degree felony for fraudulently advertising property for sale or lease
Sheriffs must check property ownership and make sure the complaint qualifies before they take action. Law enforcement officers can remove people immediately after verification. The unauthorized person must have entered the property unlawfully and refused the owner’s request to leave.
New property owner protections
HB 621 gives property owners better legal tools to protect their investments. People can be removed quickly when:
- The person asking for removal owns the property legally or represents the owner
- The property has a residential dwelling
- Someone entered unlawfully and stays there
- The property wasn’t open to public access
- No ongoing legal cases exist between the owner and unauthorized occupant
Property owners must pay a civil eviction fee and hourly rate if they need deputies to keep peace during removal. People who get removed wrongfully can sue owners for damages worth three times the fair market rent, plus costs and attorney fees.
This law helps seasonal residents who come back to find their homes occupied unlawfully. Owners can now fill out documents and call law enforcement to remove unauthorized occupants quickly.
The law moves squatter-related cases from civil to criminal courts. Law enforcement agencies can now act faster against unauthorized occupants. This changes the old system where squatters could claim tenant-like rights after staying for 30 days.
Sheriffs won’t be liable for losses during removal unless they acted wrongfully. They can now take decisive action while staying accountable. Property owners must take responsibility for wrongfully removing personal property, which makes proper verification crucial.
Florida joins other states taking strong action against unauthorized property occupation. The law combines stronger enforcement, faster removal processes, and serious criminal penalties to protect property owners effectively.
Legal Requirements for Adverse Possession Claims
Adverse possession laws in Florida date back to medieval times. These laws were created to solve ownership disputes when no government kept accurate land records. Today, they are the foundations of Florida’s real estate framework and set specific criteria for valid claims.
7-year continuous occupation rule
Valid adverse possession claims need uninterrupted possession for seven years. A claim must meet five basic requirements:
- Hostile Claim: The occupant must possess the property without the owner’s permission
- Actual Possession: Physical presence on the property, treating it as their own
- Open and Notorious: Occupation must be visible and public
- Exclusive: The occupant cannot share possession with others
- Continuous: Unbroken possession for seven years
The seven-year countdown must start over if any interruption occurs. The property needs to be improved, protected by a substantial enclosure, or used productively during this time.
Property tax payment requirements
Florida law demands strict tax payment obligations for adverse possession claims without color of title. Claimants must:
- Pay all outstanding taxes within one year of taking possession
- Continue paying property taxes throughout the seven-year period
- Cover any special improvement liens levied by state, county, or municipality
The property’s legal owner’s tax payments take priority if paid before April 1st of the assessment year. The adverse possession claim could fail if the owner shows proof of tax payment during the claim period.
Documentation needed
The county property appraiser’s office requires specific documentation. Required paperwork includes:
- Form DR-452: Submit within 30 days after paying original taxes
- Legal Property Description: Complete and accurate description of the claimed property
- Notarized Attestation: Declaration under penalty of perjury confirming claim details
- Payment Records: Documentation of all tax and lien payments
Claims must show the claimant’s name, address, entry date onto the property, and intended use. Form DR-452 requires a notice in 12-point uppercase bold type at the top stating: “THIS RETURN DOES NOT CREATE ANY INTEREST ENFORCEABLE BY LAW IN THE DESCRIBED PROPERTY”.
Florida Statute 810.08 considers it trespassing to occupy a residential structure through adverse possession claims without filing proper returns. Careful attention to documentation requirements helps maintain legal compliance throughout the process.
Property Owner Rights Under Florida Law
Florida’s latest property rights legislation gives property owners significant legal authority to protect their real estate investments. The new law provides clear guidelines to deal with unauthorized occupancy. This represents a transformation from civil to criminal enforcement.
Immediate removal powers
Property owners now have better legal tools to quick to reclaim their properties. The optimized process lets owners file a verified complaint with the county sheriff under specific conditions:
- The property must be residential
- The occupant entered unlawfully
- No pending litigation exists between parties
- The property was not open to public access
- The owner previously asked the occupant to leave
These requirements, once met, require the sheriff to verify property ownership and determine if immediate removal makes sense. Law enforcement officers can then bypass traditional court procedures, which leads to faster resolution of unauthorized occupancy situations.
Police assistance options
Law enforcement takes a more active role to address squatter-related issues. The sheriff’s office has the authority to:
- Verify property ownership documentation
- Serve immediate vacation notices
- Remove unauthorized occupants
- Make arrests for trespassing or outstanding warrants
Police intervention becomes more decisive in cases with criminal activity, vandalism, or property damage. The law protects officers from liability claims unless removal actions are proven wrongful.
Property owners who need police assistance must show proper documentation, including proof of ownership and a completed verified complaint form. This approach ensures legitimate property rights and prevents misuse of enforcement powers.
The legislation brings substantial penalties for unauthorized occupants, including criminal charges if they present false property documents. These improved enforcement options discourage fraudulent property claims.
Seasonal residents benefit particularly from this new framework at the time they return to find their properties unlawfully occupied. These owners can now address unauthorized occupancy quickly through proper documentation and law enforcement collaboration instead of going through lengthy civil proceedings.
Property owners remain responsible for any wrongful removal of personal property. This accountability balances reliable enforcement powers with protection against potential misuse. The law requires payment of civil eviction fees plus hourly rates when deputy assistance becomes essential to keep peace during removal procedures.
People affected by wrongful removal keep their right to pursue legal action. Damages could equal three times the fair market rent, along with costs and attorney fees. This provision ensures accountability while protecting legitimate property owners’ rights.
Prevention Strategies for Property Owners
Property owners who take preventive action protect their investments better and minimize risks through strong security measures.
Security system installation
Modern security systems deter potential squatters. A detailed security setup should include:
- Motion-activated sensor lights that light up entry points after dark
- Remote monitoring cameras with up-to-the-minute mobile alerts
- Smart door locks providing controlled access
- Glass break detectors for ground-level windows
Video surveillance systems with two-way communication features help owners react quickly to unauthorized entry attempts. These security measures prevent initial access and provide valuable evidence if legal action becomes needed.
Regular property monitoring
Active property oversight helps detect and prevent unauthorized occupation. Smart monitoring strategies include:
- Monthly physical inspections of vacant properties
- Regular landscaping to maintain a lived-in appearance
- Quick mail collection to avoid buildup
- Strategic placement of curtains or blinds
Property owners need to document each inspection and note any signs of attempted entry or suspicious activity. Neighbors are a great way to get early warnings about unusual activities, making good relationships with them valuable.
Professional property management
Professional property management services give complete protection to owners with multiple properties or those living away from their investments. These services typically provide:
- Regular property inspections and maintenance
- Tenant screening and placement
- Quick response to security concerns
- Legal compliance oversight
Professional managers run thorough background checks on potential tenants. They enforce rent payment policies strictly and keep detailed records – vital steps to prevent tenant-turned-squatter situations.
Seasonal residents benefit from professional management services as properties stay monitored throughout the year. Management companies build relationships with local law enforcement and legal professionals to respond quickly to unauthorized occupancy attempts.
Clear “No Trespassing” signs strengthen legal positions against adverse possession claims. Automatic lighting systems and active utility services create an occupied appearance that deters opportunistic squatters.
Multiple layers of protection against unauthorized occupation emerge when property owners combine these preventive measures. Modern security technology, careful monitoring, and professional management reduce risks substantially while owners retain their ability to act against unauthorized entries.
Steps to Remove Unwanted Occupants
Florida law now makes it easier to remove unauthorized occupants from residential properties. Property owners need to follow specific legal steps that protect their rights and ensure lawful removal.
Legal notice requirements
Property owners should document their request when asking occupants to leave. Written notice makes your legal position stronger, though it’s not required. You can choose from these notice options:
- Verbal warnings with documented date and time
- Formal letters sent via certified mail
- Posted notices at the property location
Your notice should clearly ask the occupant to leave and show that you tried to resolve things peacefully. These documents become valuable if you need to go to court.
Court procedures
After giving proper notice, you have three legal options based on the occupancy situation:
- Eviction (Chapter 83): This applies to tenants who had rental agreements
- Ejectment (Chapter 66): You’ll use this when occupants claim they own the property
- Unlawful Detainer (Chapter 82): This works best to remove occupants without rental agreements or ownership claims
Unlawful detainer actions must be filed in county court, unless damages exceed $50,000. Your filing needs:
- Verified complaint showing property ownership
- Proof of unauthorized occupancy
- Documentation of previous requests to leave
- Required fees and administrative documents
Law enforcement involvement
The new Florida statute enables law enforcement to act right away against unauthorized occupants. Sheriffs must complete these steps after receiving a verified complaint:
- Check the complainant’s identity and property ownership
- Verify compliance with statutory requirements
- Give immediate vacation notices to occupants
- Remove unauthorized individuals if needed
Sheriff departments charge between $90 and $115 for removal, depending on your county. You’ll pay extra hourly rates if deputies need to stay during lock changes or property removal.
You must prove these points to get law enforcement help:
- The occupant entered without permission
- You asked them to leave before
- No current or past tenant relationship exists
- The property isn’t involved in pending litigation
- The occupant isn’t an immediate family member
Remember that wrong removal can lead to legal trouble. Occupants can sue for damages worth triple the fair market rent plus legal costs. Make sure you meet all legal requirements before requesting removal.
Law enforcement can arrest occupants for trespassing, outstanding warrants, or other violations. These stronger enforcement options and simplified removal procedures give you effective tools to handle unauthorized occupancy quickly.
Florida has changed its squatters’ rights laws to give property owners more power to protect their investments. HB 621 legislation now treats squatting as a criminal rather than civil matter, which lets owners take quick action against unauthorized occupants. Property owners have better legal options and stronger support from law enforcement to handle squatter situations.
Real estate investors and property owners must know these new rules well. Getting an adverse possession claim approved is tough – it needs seven years of occupation and strict tax payments. The new criminal penalties also make people think twice before making false property claims.
Property owners can stop unauthorized occupation by using reliable security systems and checking their properties often. Quick responses to possible threats work best. Owners should keep records of all their dealings with unauthorized occupants and use the right legal steps to remove them.
Law enforcement now backs a faster removal process, which gives property owners practical ways to protect their real estate investments. These updates show how Florida wants to protect property rights while making sure removal powers aren’t misused.
Here are some FAQs ahout the squatters rights Florida:
Can you evict a squatter in Florida?
Yes, you can evict a squatter in Florida, but you must follow the legal eviction process. Florida squatters rights law allows property owners to remove squatters by filing an eviction lawsuit in court. It is illegal to use self-help measures, such as changing locks or turning off utilities, without a court order.
What is Florida’s new squatter law?
Florida’s new squatter law, enacted in 2024, strengthens protections for property owners by speeding up the eviction process for squatters. Under Florida law squatters rights, law enforcement can now remove squatters more quickly if they provide false documentation or refuse to leave. This law aims to reduce the time and cost of evicting squatters.
What is the shortest time for squatters rights?
The shortest time for squatters rights in Florida is typically 7 years of continuous occupation, during which the squatter must maintain the property and pay taxes. However, this varies by state, and Florida has specific requirements under Florida squatters rights law to prevent fraudulent claims.
How long does it take to get a squatter out in Florida?
The time to remove a squatter in Florida can range from a few weeks to several months, depending on the court’s schedule and the complexity of the case. Under Florida squatters rights, property owners must file an eviction lawsuit and obtain a court order before law enforcement can remove the squatter.
Can I kick someone out of my house without notice in Florida?
No, you cannot kick someone out of your house without notice in Florida, even if they are a squatter. Florida law squatters rights require property owners to follow the legal eviction process, which includes providing proper notice and obtaining a court order. Self-help evictions are illegal and can result in penalties.
Can you turn off utilities on a squatter in Florida?
No, you cannot turn off utilities on a squatter in Florida without a court order. Doing so may be considered a self-help eviction, which is illegal under Florida squatters rights law. Property owners must follow the legal eviction process to remove squatters and regain control of their property.
How to evict someone in Florida without a lease?
To evict someone in Florida without a lease, you must still follow the legal eviction process. This includes providing a written notice to vacate, typically 7 days for month-to-month tenants, and filing an eviction lawsuit if they refuse to leave. Florida squatters rights apply even if there is no formal lease agreement.
What is the new unlawful detainer law in Florida?
The new unlawful detainer law in Florida, effective in 2024, streamlines the process for removing squatters and unlawful occupants. Under Florida law squatters rights, property owners can now request faster court hearings and law enforcement assistance to remove squatters who refuse to leave after receiving notice.
What is the eviction process in Florida?
The eviction process in Florida involves providing written notice to the tenant or squatter, filing an eviction lawsuit, and obtaining a court order for removal. Under Florida squatters rights, law enforcement can then remove the squatter if they refuse to leave. The process can take several weeks, depending on the court’s schedule.