A new bill that gives state law enforcement more power to remove squatters and increases criminal penalties for violators took effect Monday, potentially giving Florida homeowners a way to protect their property while avoiding lengthy court proceedings.
In a video posted to X, Gov. Ron DeSantis said the state will “put an end to this squatter scam once and for all” with HB 621.
“While other states are siding with squatters, we are protecting property owners and punishing criminals who try to game the system,” DeSantis said at a press conference at the Orange County State’s Attorney’s Office after signing the bill in March.
“We have people who are here seven months out of the year and then go to Michigan or New York or Canada. They come back at the end of the summer and someone’s in their house and they just stay there for six months. In Florida, you call in, fill out the paperwork, the sheriff comes and the sheriff kicks you out,” DeSantis previously told Sean Hannity about the law.
“Without private property rights, we cannot have a free society. That’s the foundation that Florida stands for, and we’re proud of it,” he continued.
Attorney Kevin Fabricant, who oversees Florida’s eviction law office, told Fox News Digital that Florida’s legal process for removing squatters from property was the quickest in the country even before the bill was passed, typically taking about a month.
By comparison, squatters in states like New York and California have caused months of headaches for some homeowners.
But Fabricant said it can be costly for homeowners, starting with a $300 filing fee and typically involving costly legal fees.
But under the new law, law enforcement officials who previously had no power to do anything will now be able to avoid court proceedings and evict people as long as the homeowner provides a sworn statement and the trespasser meets several criteria.
A squatter must have unlawfully entered the property and already been evicted by the homeowner, and must not be a current or former tenant of the home, nor a close relative of the homeowner they are trying to evict from the property.
“This is designed for very specific situations. If you want someone to come onto your property and then leave, it probably doesn’t apply,” Fabricant said.
Fabricant said the standard removal fee from local sheriff’s departments is $90 in most Florida counties and $115 in Miami.
“If you’re a squatter, you shouldn’t be living in Florida,” Fabricant said.
According to the new law, once authorities have verified ownership and determined that the claimant is eligible, the sheriff must evict the squatter.
The bill states that “persons who encourage or engage in illegal squatting” will face increased penalties under the law.
Squatters who forge leases or other proof of occupancy would be charged with making a false document statement or forgery, a first-degree misdemeanor.
Anyone who causes damages amounting to $1,000 or more while occupying property can be charged with a second-degree misdemeanor.
“If someone breaks into your house and destroys your house, [the type of person] The governor intended [to police with this law]”If you try to get a handyman or contractor to fix what the squatters are doing to the building, it will cause untold damage,” Fabricant said.
What you need to know about New York squatters:
What are squatters’ rights in New York?
In New York State, squatters can claim the legal right to remain on property without the owner’s permission after living on the property for 10 years. However, in New York City, squatters only need to be on the property for 30 days to claim squatter rights.
Why is it so hard to evict squatters?
Once squatters have established lawful occupation, they are granted broad rights, making them difficult to evict.
How can one become a squatter?
Scenarios in which a person may become a squatter include a tenant refusing to pay rent, a relative of the previous owner refusing to leave the property, or even a stranger breaking into a property and refusing to leave.
according to Manhattan-based law firm Nadel & CiarloSquatters must have a reasonable basis to claim that the property is theirs and must treat the home as if they were the owner, including doing yard work and repairs.
How can property owners evict squatters?
The property owner must first serve a 10-day notice to vacate and then file a complaint in court if the order is ignored. If the judge approves, the property owner can receive a summons and have the sheriff evict the squatter.
Why does the law give rights to squatters?
The law was enacted to protect long-term tenants from being evicted. New York City’s law was enacted in response to vacant and abandoned buildings becoming a stain on the city.
How can property owners protect themselves from squatters?
Owners should avoid leaving their properties empty for long periods of time and should ensure that the premises are secure, well lit and have CCTV installed.
If squatters show up, owners should notify the police as soon as possible before the squatters’ rights are established.
Anyone who knowingly advertises a residential property for sale or rental without the owner’s permission will now be charged with a first-degree felony.
“Sometimes Bob Squatter turns around and sees some people,” Fabricant said. “Bob Squatter and [may not be aware that they’re illegally living on the property].”
It’s unclear how Florida law enforcement agencies will operate under the new law.
“Officials have to make an on-the-spot determination as to whether a person qualifies under these circumstances,” Fabricant said.
“The sheriff’s office can be put in a tough position because of the language and arguments of residents,” Fabricant said. “The sheriff’s office will likely be subject to civil lawsuits… If the sheriff’s office unfairly evicts someone, they will likely be sued.”
Martin County Sheriff William Snyder previously appeared on “Fox & Friends First.”“ He believes the law will “definitely” ease the situation.
“If you go to a house and someone offers to live there, the rightful owner has proven that it’s their home, and this is really a technicality,” he said in March.
“This bill gives us the power to enforce the law and return homes to their rightful owners,” he said. “We will be on the scene right away, and our goal in Martin County is to get those homes back in the hands of their rightful owners and get rid of the trespassers… and I want to tell them, [the squatter] “They’re not without housing. We’re going to send them to prison right away.”
