Florida legislature passes new unlawful entry and detainer law

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2024, 82.036, florida, fraudulent, LANDLORD, new law, news, transient, trespass, unlawful detainer

New law for unauthorized entry and detainer, § 82.036 F.S.  Passed and enrolled 3/6/2024

Takes effect July 1, 2024

Cast as an alternative remedy for unlawful entry and detainer,  Chapter 82 of Florida Statutes,   this new law allows property owners to submit a complaint form  promulgated by the statute to the county sheriff demanding the immediate extrajudicial remove of an occupant  that is not an immediate family member of the owner and not a current or past tenant.   The sheriff may charge the customary fee for a writ of possession.

A person wrongfully  removed under the new law has the remedy of suing for damages,  triple rent,  attorneys fees, and costs.

Additionally enacted is

§806.13 F.S Criminal Mischief:  any person who unlawfully detains or trespasses on a residential dwelling causing $1000 or more in intentional damage commits a 2^nd degree felony.

§817.03 False Statement to detain real property:  any person with the intent to detain real property presenting a false document purporting to be a lease or other conveyance commits a 1^st degree misdemeanor.

§817.0311  Fraudulent sale or lease of residential property:  any person, who lists or advertises for sale,  or who rents a residential property,  who does not have title or authority to do so commits a 1st degree felony.