Ana Maria Rodriguez’s property rights bill again advances unanimously, heads to floor next

Ana Maria Rodriguez must refile to get another Tardive Dyskinesia Awareness Week.

The Senate Committee on Rules advanced a property rights bill that seeks to give commercial property owners more teeth to evict individuals found to be squatting.

It now heads to the Senate floor.

Doral Republican Sen. Ana Maria Rodriguez introduced the measure (SB 322) that would authorize a County Sheriff to promptly remove any unauthorized persons at the request of the owner. The bill is similar to an already adopted law that allows a Sheriff to remove unauthorized persons from a residential property.

“This bill creates a non-judicial procedure for a property owner to request that the County Sheriff immediately remove an unauthorized person from commercial real property,” Rodriguez explained. “This procedure is like procedures in existing law, for the removal of an unauthorized person from a residential property. An unauthorized person is someone not authorized to occupy the property who is not a current or former tenant.”

In the bill’s analysis, it states that an owner would be required to contact the Sheriff and file a complaint form. Ownership would be required to be verified before law enforcement can remove the unauthorized person. The owner would further be required to pay a civil eviction fee to the Sheriff, plus an hourly rate if a Deputy is required to stand by and “keep the peace” while the person is removed.

Wrongfully removed persons could have cause to take action against the owner for three times the fair market rent, damages, costs and attorneys fees. The legislation would also expand crimes relating to unauthorized occupation of a residential property or falsely advertising a residential or commercial property for sale or lease.

In 2024, Gov. Ron DeSantis enacted legislation (HB 621) that allowed police to remove squatters from a property. The new legislation amends the 2024 law, adding an express grant of authority to law enforcement to use reasonable force to enter a property.

The bill was passed unanimously without debate. The Judiciary and Criminal Justice committees also approved the measure unanimously.