Florida Squatters Law: Understanding Florida's New Squatters Law HB 621

What You Need to Know About Florida Squatters Law

In recent years, Florida homeowners have faced increasing challenges with squatters—individuals unlawfully occupying properties without permission. This issue not only causes emotional distress but also leads to financial burdens due to property damage and legal expenses. Recognizing these concerns, Florida enacted House Bill 621 (HB 621) to strengthen property rights and streamline the removal process of unauthorized occupants.

Florida’s New Squatters Law HB 621 Explained

Governor DeSantis Signs HB 621

On March 27, 2024, Governor Ron DeSantis signed HB 621 into law, marking a significant shift in how the state addresses squatting issues. This legislation empowers property owners with more authority and provides law enforcement with clear directives to act swiftly against squatters.

Key Provisions of HB 621

1. Immediate Law Enforcement Intervention: Property owners or their authorized agents can now request assistance from the sheriff to remove unauthorized occupants without the need for a lengthy court process.

2. Criteria for Removal:

   • The individual has unlawfully entered and remains on the property.

   • The property owner has directed the individual to leave, and they have not complied.

   • The individual is not a current or former tenant involved in a legal dispute with the property owner.

3. Enhanced Penalties:

   • First-Degree Misdemeanor: For making false statements to obtain real property or presenting falsified documents conveying property rights.

   • Second-Degree Felony: For unlawfully occupying or trespassing in a residential dwelling and intentionally causing $1,000 or more in damages.

   • First-Degree Felony: For knowingly advertising the sale or rent of a residential property without legal authority or ownership.

The Impact of HB 621 on Property Owners

Before HB 621, property owners faced prolonged legal battles to reclaim their properties from squatters, often enduring significant financial and emotional stress. The new law aims to alleviate these challenges by:

• Expedited Evictions: Law enforcement can now act promptly to remove squatters, reducing the time properties remain unlawfully occupied.

• Financial Relief: By minimizing legal fees and potential property damages, owners can protect their investments more effectively.

• Deterrence: The introduction of harsher penalties serves as a strong deterrent against potential squatters and those attempting real estate fraud.

Understanding Squatters' Rights and Adverse Possession in Florida

While squatting is illegal, it's essential to understand the concept of adverse possession—a legal doctrine allowing someone to claim ownership of land under specific conditions. In Florida, for a squatter to claim adverse possession, they must:

• Hostile Claim: Possess the property without permission.

• Actual Possession: Physically use the property as an owner would.

• Open and Notorious Possession: Occupy the property openly, without hiding their presence.

• Exclusive and Continuous Possession: Occupy the property exclusively for at least seven years.

However, with the enactment of HB 621, the ability for squatters to claim adverse possession has been significantly curtailed, offering more protection to property owners.

Steps Property Owners Can Take to Protect Their Properties

Preventing squatting is always preferable to dealing with its consequences. Property owners can take proactive measures to safeguard their properties:

1. Regular Inspections: Frequent visits can deter potential squatters and allow for early detection of unauthorized occupants.

2. Secure Properties: Ensure all entry points are locked and consider installing security systems or cameras.

3. Prompt Action: At the first sign of unauthorized occupancy, contact local law enforcement to address the issue before it escalates.

4. Clear Communication: Display "No Trespassing" signs and ensure that boundaries are well-marked to deter potential squatters.

Frequently Asked Questions About Florida's Squatters Law

Can I evict a squatter myself in Florida?

No, it's advisable to involve law enforcement to handle the removal of squatters to avoid potential legal complications.

How does HB 621 change the eviction process for squatters?

HB 621 allows property owners to request immediate assistance from law enforcement to remove squatters without the need for a court order, provided specific criteria are met.

What should I do if I suspect someone is squatting on my property?

Contact local law enforcement immediately and provide any evidence of unauthorized occupancy.

Are there any legal defenses for squatters under HB 621?

HB 621 significantly limits the defenses available to squatters, emphasizing the protection of property owners' rights.

Can a squatter claim adverse possession under the new law?

While adverse possession laws still exist, HB 621 makes it more challenging for squatters to claim ownership without the property owner's knowledge.

Need to Sell Your House Fast in Lakeland? We Can Help!

Florida's HB 621 represents a pivotal step in protecting property owners from the challenges posed by squatters. However, if you're dealing with a distressed property, unwanted inheritance, or squatters occupying your home, you may want to sell quickly and move forward with peace of mind.

At Surety Homebuyers, we specialize in buying houses fast for cash in Lakeland, FL, and across Polk County. We offer:

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Don't let squatters or legal complications hold you back—contact Surety Homebuyers now and take control of your property!

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