Florida HB 621 Squatter Removal: Complaint, Removal, Penalties

Florida HB 621 lets a property owner remove a squatter from a residential dwelling by filing a sworn complaint with the county sheriff instead of going through a full eviction lawsuit. The sheriff verifies the ownership paperwork, serves an immediate notice to vacate on the unauthorized occupants, and can put you back in possession the same day. The law, codified at section 82.036 of the Florida Statutes, also creates felony-level penalties for occupants who use forged leases or damage the home.

Who You Can and Cannot Remove This Way

The expedited process only reaches people who entered a residential dwelling without permission and refuse to leave after being told to go. Three things must all be true: the occupant entered unlawfully and is still there, you have already directed them to leave, and no legal dispute is pending between you and them over the property.¹

Several categories of people are off-limits. You cannot use s. 82.036 against anyone who holds a valid lease, written or verbal. You cannot use it against your own immediate family members. You cannot use it against a co-owner listed on the title, unless that person committed title fraud. And if there is already litigation between you and the occupant over the property, the expedited route is closed.²

A separate statute, s. 82.035, deals with “transient occupants” and lists factors like utility accounts in the person’s name, government-issued documents showing use of the address in the past 12 months, and long-term personal belongings at the property. If the person on your property can point to those things, they may have a plausible argument that they are a tenant rather than a squatter, and you would need to use Florida’s standard eviction process under Chapter 83 instead.³

Filing the Sworn Complaint With the Sheriff

You start by completing a form titled “Complaint to Remove Persons Unlawfully Occupying Residential Real Property” and delivering it to the sheriff’s office in the county where the property sits. It is signed under penalty of perjury, so every statement on it needs to be accurate.²

The complaint has thirteen separate statements you must initial. You are affirming, among other things, that the property is a residential dwelling, that the occupants entered unlawfully and were told to leave, that no valid lease exists, that the occupants are not family or co-owners, and that no litigation over the property is pending. The form also asks for the property address, the purchase date, and a copy of your government-issued ID. If someone else is filing on your behalf as an authorized agent, that agent has to attach documents proving their authority.²

The sheriff charges a service fee equal to the fee for serving a writ of possession under s. 30.231, which runs around $90 at most Florida sheriff’s offices. If you ask the sheriff to stand by while you change locks and move belongings out, expect an additional reasonable hourly rate for that time.⁴

What Happens After the Sheriff Arrives

Once the complaint is in, the sheriff confirms you are the record owner (or a properly authorized agent) and that the situation appears to qualify under the statute. If it does, the sheriff serves a notice to immediately vacate on all unlawful occupants “without delay.” Service can be made by handing the notice to an occupant or by posting it on the front door.⁴

The sheriff attempts to identify everyone in the dwelling and notes their identities on the return of service. Occupants can be arrested on the spot for trespassing, outstanding warrants, or other legal cause if circumstances warrant it. When the occupants are out, the sheriff puts you back in possession.

Handling the Occupant’s Belongings

After the notice to vacate is served, you can ask the sheriff to stand by while you change the locks and move the occupants’ personal property to or near the property line. The statute shields both the sheriff and the property owner from liability for any loss, destruction, or damage to those belongings, unless the removal itself was wrongful.²

There is no statutory storage period and no requirement to warehouse the items for a set number of days. Your obligation ends at moving the property out of the dwelling. Owners who want to reduce the risk of a wrongful-removal claim typically leave the belongings visible at the property line rather than discarding them right away.

Criminal Penalties the Occupant May Face

HB 621 attached serious criminal exposure to the conduct that tends to accompany squatting. Presenting a forged lease, deed, or other document claiming property rights to justify staying is a first-degree misdemeanor under s. 817.03, punishable by up to one year in jail and a fine of up to $1,000.⁵⁶

An unauthorized occupant who intentionally causes $1,000 or more in damage to a residential dwelling faces a second-degree felony, carrying up to 15 years in prison and a fine of up to $10,000. That penalty was created specifically by HB 621 and is more severe than the general criminal mischief statute.¹

Anyone who knowingly advertises the sale or rental of a residential property without legal authority or ownership commits a first-degree felony, punishable by up to 30 years in prison. That provision targets the scam of listing a property you don’t own on rental platforms to collect deposits.¹

If You Get the Complaint Wrong

A person removed under this process can sue the property owner for wrongful removal and seek injunctive relief (a court order restoring possession) plus compensatory damages for actual losses.³

The complaint form warns that false statements can lead to liability for actual damages, penalties, costs, and reasonable attorney fees. A wrongfully removed person cannot sue the deputy or the sheriff’s agency unless they can show the officer acted in bad faith.²

Accuracy on the form is what protects you. Falsely swearing that no lease exists, or that the occupant was told to leave when they weren’t, exposes you to civil liability and to potential perjury charges under s. 837.02. A single false statement on the complaint can undo the entire removal.

Locking Down the Property Afterward

Once the sheriff hands the property back, the immediate priority is keeping the same people from returning. Change every exterior lock the same day; the statute contemplates this by letting the sheriff stand by while you re-key, so there is no waiting period.

If the home will sit vacant, motion-activated exterior lighting, visible cameras, and posted “No Trespassing” signs all help. Keep the landscaping up, because an overgrown yard signals that nobody is watching. Letting the local sheriff’s office know the property’s status can also prompt deputies to check on it during routine patrols.

1
Executive Office of the Governor. Governor DeSantis Signs Legislation to End the Squatters Scam in Florida
2
Florida Senate. Florida Code 82.036 – Limited Alternative Remedy to Remove Unauthorized Persons From Residential Real Property
3
The Florida Legislature. Florida Code 82.035 – Remedy for Unlawful Detention by a Transient Occupant of Residential Property
4
The Florida Legislature. Florida Code 82.036 – Limited Alternative Remedy to Remove Unauthorized Persons From Residential Real Property
5
The Florida Legislature. Florida Code 817.03 – Making False Statement to Obtain Property or Credit or to Detain Real Property
6
The Florida Legislature. Florida Code 775.083 – Fines