Squatters Laws in Florida: Removal, Adverse Possession, and Penalties

Florida squatters laws changed significantly on July 1, 2024. Property owners can now ask the county sheriff to remove unauthorized occupants from residential property within days, without going through a full eviction lawsuit. Squatters who refuse to leave can be arrested for trespassing, and those who produce fake leases or use stolen identities to justify their stay face misdemeanor or felony charges. Adverse possession remains on the books but requires seven continuous years, tax payments, and other strict conditions that rarely line up.

The Sheriff Removal Process

House Bill 621 created Florida Statute 82.036, which lets an owner or authorized agent file a verified complaint with the sheriff of the county where the property sits and have deputies physically remove unauthorized occupants.¹ No court hearing is required. Once the sheriff verifies the paperwork, deputies go to the property and serve a notice to vacate. If the occupants refuse to leave, they can be arrested for trespassing.

The statute is limited to residential property, and every one of the following must be true before an owner files:²

The filer is the owner or the owner’s authorized agent.
The property includes a residential dwelling.
The occupants entered without permission and remain there.
The property was not open to the public when they entered.
The owner has already told the occupants to leave.
The occupants are not current or former tenants under any written or oral rental agreement the owner authorized.
The occupants are not immediate family members of the owner.
No lawsuit involving the property is pending between the owner and any known occupant.

When You Cannot Use This Process

The tenant condition is where owners get into trouble. If the person living in the property has any real claim to a rental arrangement, even a verbal one, the sheriff process is the wrong tool and Chapter 83’s standard eviction applies instead. A person wrongfully removed under §82.036 can sue the owner for actual damages, three times the fair market rent of the dwelling, court costs, and attorney fees.²

Florida has a separate statute, §82.035, that draws the line between true tenants and transient occupants using factors like whether the person pays meaningful rent, keeps belongings and utility accounts at the address, and has an apparent permanent residence elsewhere.³ If a court later decides the occupant was actually a tenant, the owner gets to amend the complaint and pursue a standard eviction rather than starting from zero, but the case slows down considerably.

How to File the Complaint

The document is called a Complaint to Remove Persons Unlawfully Occupying Residential Real Property. It is verified, meaning it is signed under penalty of perjury. The owner needs to include:

The property address.
Names of the occupants if known, or physical descriptions if not.
Proof of ownership, such as a recorded deed or the most recent tax records showing the filer’s name.
A sworn statement that the occupants are not tenants and that any lease they might produce is fraudulent.

The sheriff’s fee for serving the notice matches the fee for serving a writ of possession under Florida Statute 30.231: $90, made up of a $40 base fee and a $50 fee for writs involving property.⁴ If the owner wants deputies to stand by while the locks are changed and belongings moved to the property line, the sheriff can charge an hourly rate on top. Have a locksmith lined up and be ready to secure entry points the same day, because occupants who have been removed sometimes try to come back.

Trespassing Charges

Section 810.08 makes it illegal to enter or stay in any structure without authorization, or to remain after being told to leave by the owner or someone the owner has authorized.⁵ The charge scales with the circumstances:

Trespass with no one else in the structure is a second-degree misdemeanor, up to 60 days in jail and a $500 fine.
If another person is present, it becomes a first-degree misdemeanor, up to one year in jail and a $1,000 fine.⁶
If the trespasser is armed, it becomes a third-degree felony, up to five years in prison and a $5,000 fine.⁷

An owner can also file a written trespass authorization with the local sheriff’s department. Once it is on file, any officer who encounters someone on the property can issue the trespass warning directly, without having to reach the owner first.

Fake Leases and Stolen Identities

Some squatters produce forged leases, fake deeds, or other fabricated paperwork to make it look like they belong there. Florida Statute 817.03 treats that as a first-degree misdemeanor, up to one year in jail and a $1,000 fine.⁸⁷

Using someone else’s personal information to create that paperwork is far more serious. Under §817.568, the base charge is a third-degree felony carrying up to five years in prison and a $5,000 fine. If the fraud involves $5,000 or more in value or 10 to 19 victims, it rises to a second-degree felony with a three-year mandatory minimum. Fraud involving $50,000 or more, or 20 to 29 victims, becomes a first-degree felony with a five-year mandatory minimum.⁹

Adverse Possession in Florida

Adverse possession is the theory that lets someone eventually claim ownership of property they’ve openly occupied for years without the true owner acting. Florida allows it, but the conditions are demanding enough that successful claims are uncommon. Owners should still recognize the warning signs, because the clock starts running from the date of possession, not the date the owner finds out.

Without Color of Title

Under Florida Statute 95.18, a person with no written claim to the property must satisfy all of the following for seven continuous years:¹⁰

Actual, continuous physical possession for the full seven years.
The property must be enclosed by a substantial fence or barrier, or visibly cultivated, maintained, and improved.
Payment of every outstanding tax bill and special assessment within one year of entry, and payment of all taxes for the remaining six years.
A DR-452 return, filed with the county property appraiser within 30 days of the initial tax payment, containing a full legal description and a notarized acknowledgment that the filing creates no enforceable legal interest by itself.

Missing any one of these ends the claim. The tax requirement alone eliminates most attempts. Property appraisers also track these filings and can notify the record owner, giving an early chance to act.

Under Color of Title

The second form applies when the occupant relies on a written document that looked like it transferred ownership but turned out to be legally defective. Section 95.16 still requires seven continuous years of possession plus enclosure, cultivation, or improvement, and any instrument dated after December 31, 1945 must have been recorded with the clerk of the circuit court in the county where the property sits.¹¹ Owners who discover a defective deed referencing their property should act quickly rather than wait to see whether the person keeps up the possession.

Preventing Squatters in the First Place

Vacant properties are the ones squatters target: homes between tenants, seasonal residences, and properties tied up in probate or foreclosure. A few basic steps take most homes off the target list.

Inspect the property at least every two weeks. Overgrown yards, stacked mail, and dark windows all signal that no one is watching.
Secure every entry point with deadbolts, reinforced door frames, and window locks. For long vacancies, add security bars on ground-floor windows and padlocks on gates.
Install cloud-based cameras with motion alerts. A visible camera at the front door deters most casual attempts.
Keep water and electricity connected. Lights on a timer make a home look occupied; shutoff notices on the door make it look abandoned.
Post no-trespassing signs. Visible signage removes any later argument that the person did not know they were unwelcome.
File a written trespass authorization with the sheriff so officers can act on your behalf without calling you first each time.

Act at the first sign of unauthorized entry. The longer someone stays, the more paperwork they may fabricate, the more likely a tenant argument becomes, and the more time counts toward any adverse possession claim.¹⁰

1
Florida Senate. Florida House Bill 621 (2024)
2
Online Sunshine. Florida Code 82.036 – Limited Alternative Remedy to Remove Unauthorized Persons From Residential Real Property
3
Online Sunshine. Florida Code 82.035 – Removal of Transient Occupant From Residential Property
4
Florida Senate. Florida Code 30.231 – Sheriffs Fees for Service of Summons, Subpoenas, and Executions
5
Online Sunshine. Florida Code 810.08 – Trespass in Structure or Conveyance
6
Florida Senate. Florida Code 775.082 – Penalties, Applicability of Sentencing Structures, Notification to Department of Corrections
7
Online Sunshine. Florida Code 775.083 – Fines
8
Online Sunshine. Florida Code 817.03 – Making False Statement to Obtain Property or Credit or to Detain Real Property
9
Online Sunshine. Florida Code 817.568 – Criminal Use of Personal Identification Information
10
Online Sunshine. Florida Code 95.18 – Real Property Actions, Adverse Possession Without Color of Title
11
Online Sunshine. Florida Code 95.16 – Real Property Actions, Adverse Possession Under Color of Title