Florida Statewide Rule
Florida Squatters and Adverse Possession Rules
Key Facts
- Adverse possession period
- 7 years (§ 95.18)
- Tax requirement
- Pay all taxes within 1 year and file a return with the property appraiser
- Fast removal (HB 621)
- Sheriff removal via verified complaint, no lawsuit (§ 82.036, eff. 7/1/2024)
- Criminal penalty
- Felony for $1,000+ damage; misdemeanor for false lease
Summary
Adverse possession in Florida requires 7 years of actual, continued, exclusive possession plus paying all taxes within a year and filing a return with the property appraiser (Fla. Stat. § 95.18). Separately, the 2024 anti-squatter law HB 621 (Fla. Stat. § 82.036) lets owners have a sheriff remove unauthorized occupants within hours, without a lawsuit.
F.S. 82.036 82.036 Limited alternative remedy to remove unauthorized persons from residential real property. — (1) The Legislature finds that the right to exclude others from entering, and the right to direct others to immediately vacate, residential real property are the most important real property rights. The Legislature further finds that existing remedies regarding unauthorized persons who unlawfully remain on residential real property fail to adequately protect the rights of the property owner and fail to adequately discourage theft and vandalism. The intent of this section is to quickly restore possession of residential real property to the lawful owner of the property when the property is being unlawfully occupied and to thereby preserve property rights while limiting the opportunity for criminal activity. (2) A property owner or his or her authorized agent may request from the sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling pursuant to this section if all of the following conditions are met: (a) The requesting person is the property owner or authorized agent of the property owner. (b) The real property that is being occupied includes a residential dwelling. (c) An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner’s property.
Full Breakdown
Under § 95.18, a person claiming title without a written instrument must hold 'actual continued possession of real property for 7 years under a claim of title exclusive of any other right,' pay all outstanding taxes within 1 year of entering possession, keep paying taxes, and file an adverse-possession return with the county property appraiser within 30 days; the property must be enclosed or 'cultivated, maintained, or improved in a usual manner.' The return 'does not create any interest enforceable by law.' HB 621 (effective July 1, 2024) created § 82.036: an owner or agent files a verified complaint and the sheriff 'shall, without delay, serve a notice to immediately vacate' on unlawful occupants who are not current or former tenants or family.
Violations & Penalties
Under § 82.036, removed occupants who are actually lawful may sue for wrongful removal and recover actual damages, triple the fair market rent, costs, and fees. Squatters who present fraudulent documents face a first-degree misdemeanor, and those who intentionally cause $1,000 or more in damage face a second-degree felony.
Frequently Asked Questions
How long must a squatter possess property to claim it in Florida?
How does Florida's 2024 squatter law (HB 621) help owners?
Are there criminal penalties for squatting in Florida?
Sources
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