Andrew Powell
The Florida House unanimously passed a measure Tuesday that strengthens the rights of commercial property owners to remove unlawful squatters.
Doral Republican Sen. Ana Maria Rodriguez sponsored the bill (SB 322).
The legislation was presented by Boca Raton Republican Rep. Peggy Gossett-Seidman who sponsored the legislation’s House companion (HB 213), which is still waiting on approval from the House.
“This bill addresses a vital need to strengthen our legal protections to streamline the process for commercial property owners to take action against unlawful squatters,” Gossett-Seidman said.
Gossett-Seidman explained that due to COVID, the economy, and other reasons, many commercial buildings, from large warehouses to small stand-alone buildings remain vacant.
“Persons throughout the state have entered these unlawfully and moved into these buildings, occupying them for purposes of trafficking of drugs and humans and other unlawful activities,” Gossett-Seidman said.
The bill removes the legal process requiring a long and arduous court judicial procedure in order to remove squatters, and allows local sheriffs with the proper authority to remove the squatters from the property.
Sheriffs would be empowered to serve notices to vacate, remove unauthorized occupants, and ensure property possession is restored to owners. The bill also states that it would allow law enforcement to charge an hourly rate for certain assistance.
Property owners and sheriffs would also not be liable for damage to personal property by unlawful squatters unless proper procedures are not followed.
Miami Democratic Rep. Ashley Gannt asked what the level of penalties are in the legislation.
Gossett-Seidman said it matches and expands legislation (HB 621) that was passed and signed into law by Gov. Ron DeSantis during the 2024 Session, that focused on residential properties.
She added that a third-degree felony would be applied to those found trespassing, while a first-degree felony would be applied if the person was found to be trying to fraudulently lease the property.
Gossett-Seidman said squatters remain a huge problem in Florida.
“In short, this came to me because a family whose parents were deceased had undergone four years of trying to fight their squatters to no avail,” Gossett-Seidman said. “This has got to 120 different cases pending in the Orlando area, and it is something that needs to be addressed.”
