Florida has implemented a new law granting state law enforcement officials increased power to remove squatters and raising penalties for offenders, aiming to protect homeowners and their property.
Florida has taken a bold step to combat the issue of squatting with the implementation of a new law that grants state law enforcement officials more authority to remove squatters and increases criminal penalties for those who violate the law. This move aims to safeguard homeowners and empower them to protect their property while circumventing lengthy court processes.
Governor Ron DeSantis, a strong advocate for property rights, signed the bill into law in March, emphasizing that Florida will "end this squatter scam once and for all." The law, known as HB 621, has gone into effect this week.
Florida Takes Aim at Squatters with New Law
"While other states are siding with the squatters, we are protecting property owners and punishing criminals looking to game the system," DeSantis stated at the signing ceremony. "We've got people that will be here for seven months of the year, and then they'll go to Michigan or New York or even Canada. You come back after the summer and someone's in your house, and then they just get to stay there for six months. Now in Florida, you call up, you fill out a form, the sheriff comes, and the sheriff kicks him out of your property," DeSantis explained.
Florida's legal process for removing squatters was previously among the fastest in the nation, typically taking about a month. However, even this expedited process could be costly for homeowners, with expenses such as filing fees and legal representation.
Florida Takes Aim at Squatters with New Law
The new law aims to simplify the process by allowing law enforcement officers to circumvent the court process and carry out evictions if certain criteria are met. "It's designed for a very narrow situation – if you let somebody into your property and you want them out, it likely may not apply," said attorney Kevin Fabrikant, supervisor of Florida's Eviction Law Firm.
Under the new law, squatters who enter a property unlawfully, have been requested to leave by the homeowner, are not current or former tenants, and are not immediate relatives of the homeowner can be removed by law enforcement. The removal process requires the homeowner to file an affidavit and provide evidence of ownership.
Florida Takes Aim at Squatters with New Law
"If you're a squatter, I wouldn't come to Florida to live," Fabrikant advised.
Once eligibility is verified, the sheriff must remove the squatter. Failure to comply with the eviction order can result in increased penalties.
Florida Takes Aim at Squatters with New Law
The law also includes measures to crack down on those who engage in illegal squatting activities. For instance, squatters who forge leases or other proof of residence now face a first-degree misdemeanor for false written statements or falsifying documents.
Additionally, individuals who cause $1,000 or more in damages while occupying a property can be charged with a second-degree misdemeanor.
Florida Takes Aim at Squatters with New Law
"Somebody breaks into the house, destroys the house, that's [the type of person] the governor intended [to police with this law]," Fabrikant said. "Those people cause immeasurable damages to have handymen or contractors fix what these squatters are doing to a property."
The law also addresses the issue of unauthorized property rental or sale. Anyone who knowingly advertises the sale or rent of residential property without permission from the owner will now be subject to a first-degree felony.
Florida Takes Aim at Squatters with New Law
Law enforcement agencies in Florida will be responsible for implementing the new law. While it is intended to empower property owners and protect their rights, some concerns have been raised about the potential for misapplication or abuse of authority.
"They're on the spot having to make a decision about whether a person qualifies under these scenarios," Fabrikant said. "There are times when the sheriffs are put in a tough spot because of the language and the claims that the occupant might make."
Despite these concerns, Martin County Sheriff William Snyder believes the law will significantly improve the situation. "There's a real technicality when you go out to a home and somebody proffers that they live there, then the legitimate owner has proved that it's their house," he said. "It gives us teeth to enforce the law and to return the home to the rightful owner."
The implementation of this new law in Florida marks a significant step towards protecting property owners and safeguarding their rights. By streamlining the eviction process, increasing penalties for offenders, and addressing loopholes that allowed squatters to exploit the system, Florida has sent a strong message that squatting will not be tolerated.
