Squatter's Rights in Florida: What Property Owners Need to Know About the New Law

Squatting — the unauthorized occupation of someone else's property — has become an increasingly visible issue for Florida property owners. Whether you own a vacant investment property, a seasonal home, or a rental unit between tenants, understanding how Florida law addresses unauthorized occupants is critical to protecting your property rights. Recent legislation has given Florida property owners powerful new tools to deal with squatters. John Belt with Keller Williams On The Water helps property owners throughout Manatee and Sarasota counties understand these protections and take action when their property is at risk.

What Is Squatting vs. Adverse Possession?

Squatting and adverse possession are related but different concepts. Squatting is simply the unauthorized occupation of property that belongs to someone else. In most cases, squatters have no legal right to be on the property and are trespassing. Adverse possession, on the other hand, is a legal doctrine under Florida Statute 95.18 that allows a person who occupies someone else's property openly, continuously, and without permission for seven years — while also paying property taxes during that period — to potentially claim legal ownership. Adverse possession claims are rare and difficult to establish, but they do exist in Florida law.

Florida's Anti-Squatting Law: HB 621

In 2024, Governor Ron DeSantis signed House Bill 621 into law, dramatically strengthening property owners' ability to remove squatters from residential properties. Before HB 621, removing a squatter often required filing a formal eviction lawsuit — the same process used for legitimate tenants — which could take weeks or months. Under the new law (Florida Statute 82.036), property owners can now bypass the court system entirely and request immediate removal of unauthorized occupants through the sheriff's office.

How the Removal Process Works

Under the new law, a property owner or their authorized agent can submit a verified complaint to the county sheriff requesting the removal of unauthorized occupants. The complaint must include proof of ownership (such as a deed or tax record), a statement that the occupant has no lease, rental agreement, or other legal right to be on the property, and a statement that the owner did not give the occupant permission to occupy the property. Upon receiving the verified complaint, the sheriff verifies the ownership claim, contacts the occupants, and provides notice to vacate. If the occupants do not leave, the sheriff removes them. This process can be completed in days rather than weeks or months.

Criminal Penalties for Squatting

HB 621 also made squatting a criminal offense in Florida, adding significant deterrent effects. Unauthorized occupation of a residential property is now a misdemeanor. More significantly, presenting a fraudulent lease or other false documentation to law enforcement is a first-degree felony. Causing more than $1,000 in property damage while squatting is also a felony. These criminal penalties represent a major shift in Florida law — squatting was previously treated almost entirely as a civil matter, leaving property owners to bear the cost and delay of court proceedings.

Adverse Possession Requirements

Despite the anti-squatting law, adverse possession remains part of Florida law. To claim adverse possession under Florida Statute 95.18, a person must occupy the property openly and notoriously (not in secret), continuously for at least seven years without interruption, exclusively (not sharing possession with the owner), and hostile to the owner's interests (without the owner's permission). Additionally, the claimant must have paid all property taxes, assessments, and liens on the property during the entire seven-year period. The claimant must also file a return with the county property appraiser within one year of entering the property, describing the property and the basis for the claim.

In practice, successful adverse possession claims in Florida are uncommon, particularly for residential properties. The requirement to pay property taxes for seven consecutive years is a significant barrier, and the new anti-squatting law makes it much harder for an unauthorized occupant to remain on a property long enough to meet the continuous possession requirement.

Protecting Your Property

Property owners can take several practical steps to reduce the risk of squatting. Inspect vacant properties regularly — at least monthly. Secure all entry points with quality locks and consider installing security cameras or a monitored alarm system. Keep the property well-maintained so it does not appear abandoned. Maintain current property tax payments and keep your address updated with the county property appraiser. If you have a rental property between tenants, do not leave it vacant for extended periods without monitoring.

For seasonal homeowners who spend part of the year outside Florida, consider hiring a property management company or asking a trusted neighbor to check on the property regularly. John Belt with Keller Williams On The Water can recommend property management resources in the Bradenton-Sarasota area for owners who need help keeping an eye on their investment.

What to Do If You Discover a Squatter

If you discover that someone is occupying your property without authorization, do not attempt to remove them yourself. Under Florida law, self-help remedies such as changing locks, shutting off utilities, or physically removing occupants are illegal, even if the person is trespassing. Instead, contact the county sheriff's office and file a verified complaint under the new statute. Gather your ownership documentation (deed, tax records) and any evidence that the occupant does not have permission to be on the property. The sheriff's office will handle the removal.

If the squatter presents a purportedly valid lease, do not take it at face value. Under HB 621, law enforcement now has the authority to investigate the validity of such documents, and presenting a fraudulent lease is a felony. If you believe the lease is fabricated, inform the sheriff and provide any evidence that contradicts the document.

Additional Protections for Commercial Properties

While HB 621 addresses residential squatting, Florida Senate Bill 322 provides parallel protections for commercial property owners. If you own commercial real estate in Manatee or Sarasota County, similar expedited removal procedures are available through the sheriff's office. Senate Bill 606 extends protections to hotels, motels, and vacation rental properties, addressing situations where guests overstay their reservations and refuse to leave.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. If you are dealing with an unauthorized occupant on your property, consult a qualified Florida attorney and contact your local sheriff's office. For help buying, selling, or protecting real estate in Manatee or Sarasota County, contact John Belt with Keller Williams On The Water.