SB 888 — Property Rights

f.6.

The person has minimal, if any, personal belongings at the property.

g.7.

The person has an apparent permanent residence elsewhere.

2.

A person is presumed to be a transient occupant if he or she is unable to produce at least one of the following:

a.

A notarized lease that includes the name and signature of the owner of the property.

b.

A receipt or other reliable evidence demonstrating that Page 3 of 12 CODING:

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Florida Senate - 2024 CS for SB 888 591-02993-24 2024888c1 the person has paid to the owner or the owner’s representative rent for the last rent payment period.

For monthly rental tenancies and rental tenancies for any lesser period of time, a receipt or other reliable evidence must be dated within the last 60 days.

c.

Written evidence of actual possession for at least 7 years based upon a written claim of a conveyance of the property or a decree or judgment providing a claim of title.

d.

Written evidence of payment of all outstanding taxes and special improvement liens levied against the property by the state, county, and municipality and written evidence of a return filed with the Department of Revenue as required by s.

95.18.

(b) Minor contributions made for the purchase of household goods, or minor contributions towards other household expenses, do not establish residency.

(3) Any law enforcement officer may, upon receipt of a sworn affidavit of the party entitled to possession that a person who is a transient occupant is unlawfully detaining residential property, direct a transient occupant to surrender possession of residential property.

The sworn affidavit must set forth the facts, including any of the applicable factors listed in subparagraph (1)(a)1.

or the inability to produce documents as provided in subparagraph (1)(a)2.

paragraph (1)(a), which establish that a transient occupant is unlawfully detaining residential property.

(a) A person who fails to comply with the direction of the law enforcement officer to surrender possession or occupancy violates s.

810.08.

In any prosecution of a violation of s.

810.08 related to this section, whether the defendant was Page 4 of 12 CODING:

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Florida Senate - 2024 CS for SB 888 591-02993-24 2024888c1 properly classified as a transient occupant is not an element of the offense, the state is not required to prove that the defendant was in fact a transient occupant, and the defendant’s status as a permanent resident is not an affirmative defense.

(b) A person wrongfully removed pursuant to this subsection has a cause of action for wrongful removal against the person who requested the removal, and may recover injunctive relief and compensatory damages.

However, a wrongfully removed person does not have a cause of action against the law enforcement officer or the agency employing the law enforcement officer absent a showing of bad faith by the law enforcement officer.

Section 2.

The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when itthe property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity.

(2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is Page 25 of 912 CODING:

Florida Senate - 2024 CS for CS for SB 888 595-03789-24591-02993-24 2024888c22024888c1 located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met:

(a) The requesting person is the property owner or authorized agent of the property owner.owner;

(b) The real property that is being occupied includes a residential dwelling.dwelling;

(c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.property;

(d) The real property was not open to members of the public at the time the unauthorized person or persons entered.entered;

(e) The property owner has becomedirected awarethe ofunauthorized occupantsperson unlawfullyto occupyingleave the property.property;

(f) The unauthorized person cannot produce documentation, correspondence, or identificationpersons cardsare sent or issued by a government agency, including, but not limitedcurrent to,or theformer Departmenttenants ofpursuant Highwayto Safetya andwritten Motor Vehicles or theoral supervisorrental ofagreement elections,authorized whichby show that the person used the property addressowner; as an address of record with the agency within the previous 12 months.

(g) The unauthorized person cannotor producepersons aare notarizednot leaseimmediate signedfamily bymembers of the property owner.owner;

and (h) TheThere unauthorizedis personno orpending personslitigation arerelated not current or former tenants pursuant to athe writtenreal orproperty oralbetween rentalthe agreementproperty authorizedowner byand theany propertyknown owner.unauthorized person.

(i) The unauthorized person or persons are not immediate family members of the property owner.

(j) There is no pending litigation related to the real Page 3 of 9 CODING:

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 888 595-03789-24 2024888c2 property between the property owner and any known unauthorized person.

98Page COMPLAINT6 TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY I, the owner or authorized agent of the12 ownerCODING: of the real property located at ...(property address)..., declare under the penalty of perjury that (initial each box):

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words underlined are additions.

Florida Senate - 2024 CS for SB 888 591-02993-24 2024888c1 COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING RESIDENTIAL REAL PROPERTY I, the owner or authorized agent of the owner of the real property located at ...

..., declare under the penalty of perjury that (initial each box):

I purchased the property on ...(purchase..... date)....

I have becomedirected awarethe ofunauthorized occupantsperson unlawfullyor occupyingpersons to leave the property.real property, but they have not done so.

The person or persons are not current or former tenants pursuant to any valid lease authorized by the property Pageowner, 4and ofany 9lease CODING:that may be produced by an occupant is fraudulent.

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 888 595-03789-24 2024888c2 owner, and any lease that may be produced by an occupant is fraudulent.

There is no litigation related to the real propertyPage pending7 betweenof the12 propertyCODING: owner and any person sought to be removed.

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words underlined are additions.

Florida Senate - 2024 CS for SB 888 591-02993-24 2024888c1 property pending between the property owner and any person sought to be removed.

Page...(Signature 5 of 9Property CODING:Owner or Agent of Owner)...

(4) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section.

If verified, the sheriff shall, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put Page 8 of 12 CODING:

Florida Senate - 2024 CS for CS for SB 888 595-03789-24591-02993-24 2024888c22024888c1 ...(Signaturethe ofowner Propertyin Ownerpossession orof Agentthe ofreal Owner)...property.

(4) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the real property or the authorized agent of the owner and appears otherwise entitled to relief under this section.

If verified, the sheriff must, without delay, serve a notice to immediately vacate on all the unlawful occupants and shall put the owner in possession of the real property.

The sheriff is not liable to the Pageunlawful 6occupant ofor 9any CODING:other party for loss, destruction, or damage of property.

The property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

(6) A person may bring a civil cause of action for wrongful removal under this section.

A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, Page 9 of 12 CODING:

Florida Senate - 2024 CS for CS for SB 888 595-03789-24591-02993-24 2024888c22024888c1 unlawfulstatutory occupantdamages orequal anyto othertriple partythe forfair loss,market destruction,rent orof damagethe ofdwelling, property.court costs, and reasonable attorney fees.

The property owner or his or her authorized agent is not liable to an unlawful occupant or any other party for the loss, destruction, or damage to the personal property unless the removal was wrongful.

(6) A person may bring a civil cause of action for wrongful removal against the person who requested such removal under this section.

A person harmed by a wrongful removal under this section may be restored to possession of the real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the dwelling, court costs, and reasonable attorney fees.

Section 2.3.

(11)(10) A minor whose driver license or driving privilege Pageis 7revoked, suspended, or withheld under subsection (10) (9) may elect to reduce the period of 9revocation, CODING:suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed.

In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community Page 10 of 12 CODING:

Florida Senate - 2024 CS for CS for SB 888 595-03789-24591-02993-24 2024888c22024888c1 is revoked, suspended, or withheld under subsection (10) (9) may elect to reduce the period of revocation, suspension, or withholding by performing community service at the rate of 1 day for each hour of community service performed.

In addition, if the court determines that due to a family hardship, the minor’s driver license or driving privilege is necessary for employment or medical purposes of the minor or a member of the minor’s family, the court shall order the minor to perform community service and reduce the period of revocation, suspension, or withholding at the rate of 1 day for each hour of community service performed.

Section 3.4.

(2) Any person who, with the intent to detain or remain upon real property, knowingly and willfully presents to another Pageperson 8a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a misdemeanor of 9the CODING:first degree, punishable as provided in s.

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words underlined are additions.

Florida Senate - 2024 CS for CS for SB 888 595-03789-24 2024888c2 person a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights commits a misdemeanor of the first degree, punishable as provided in s.

Section 4.5.

817.0311 Fraudulent sale or lease of residential real property.—A person who lists or advertises residential real property for sale knowing that the purported seller has no legal title or authority to sell the property, or rents or leases the propertyPage to11 another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, commits a felony of the12 firstCODING: degree, punishable as provided in s.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2024 CS for SB 888 591-02993-24 2024888c1 property to another person knowing that he or she has no lawful ownership in the property or leasehold interest in the property, commits a felony of the first degree, punishable as provided in s.

Section 5.6.

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