Gov. DeSantis signs bills bolstering property rights for hotels and commercial businesses

Gov. Ron DeSantis has signed two measures adding new protections for commercial property owners and hotels dealing with unwanted squatters.

“Property rights are really important. If you don’t have private property rights, you cannot have a free society,” DeSantis said as he signed SB 322 and SB 606.

The measures make it easier for law enforcement to remove squatters in commercial buildings and hotel and motel guests who aren’t paying but won’t leave.

DeSantis signed the legislation during a press conference in Sarasota.

“Under current law, the remedies to remove unauthorized applicants or occupants of a commercial property can, unfortunately, be lengthy and time consuming, which then incentivizes people to take advantage of the situation. And we’re not going to allow that to happen,” DeSantis said as Florida expands “anti-squatter” legislation from last year that targeted residential properties.

SB 322 allows county Sheriffs to immediately remove unauthorized people from commercial properties, such as restaurants, retail spaces, offices and warehouses. 

The legislation allows commercial property owners to file a sworn complaint with the county Sheriff’s Office to remove squatters within days instead of months. The Sheriff’s Office will verify ownership and occupancy status.

“The property owner must pay the sheriff the civil eviction fee plus an hourly rate if a deputy must stand by and keep the peace while the unauthorized person is removed,” according to Senate staff analysis. 

Joining DeSantis at Monday’s presser, Rep. Peggy Gossett-Seidman said a couple contacted her for help because squatters had taken over their parents’ restaurant for years in what’s becoming a recurring problem across Florida.

“The rightful owners have spent a lot of money and time with no success trying to have the persons evicted from this property,” the Boca Raton Republican said. “Often, these structures throughout the state are utilized for human trafficking, drug use and as the Governor mentioned, theft rings and they run under the radar because we didn’t have the teeth and the statutes to try to remove them.”

DeSantis also signed SB 606, which he said “clarifies language and current law that a guest staying at a hotel, motel, vacation rental, bed and breakfast or timeshare is considered transient unless a written agreement states it is the guest’s sole residence.”

Law enforcement can remove a hotel or motel patron after they receive a written notice that they need to leave if they fail to check out on time and refuse to pay for their stay.

“Staying at a hotel … you’re either paying or you’re not. And if you’re not, it shouldn’t devolve into some major landlord tenant dispute. The person should just be escorted off the property and leave,” DeSantis said.

The two laws go into effect July 1.