Florida Squatters and Adverse Possession Rules

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.

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.