Florida 2023 Regular Session

Florida House Bill H0441

Introduced
1/24/23  
Refer
2/1/23  
Refer
2/1/23  
Engrossed
4/26/23  
Refer
4/26/23  
Engrossed
5/2/23  
Enrolled
5/2/23  
Passed
5/24/23  

Caption

Removal of Unknown Parties in Possession

Impact

The bill will impact existing statutes regarding property and landlord-tenant laws significantly. By formalizing processes for unknown occupants, it aims to reduce delays in eviction proceedings and clarify the requirements necessary for moving forward legally. This measure is particularly essential in a state like Florida where the real estate market is very active, and timely possession of properties is often crucial for landlords. The law will also ensure that the legal rights of these unknown occupants are respected while facilitating landlords' requests for removal more efficiently.

Summary

House Bill 441 addresses the procedural requirements for service of process regarding unknown parties in possession of real property. The bill amends Section 48.184, Florida Statutes, to streamline the process when a plaintiff seeks to remove an occupant whose identity is unknown. It mandates the issuance of a summons explicitly labeled 'Unknown Party or Parties in Possession' and requires multiple attempts for service, including attempts during business hours, non-business hours, and weekends. This update aims to ensure lawful proceedings when dealing with unidentified occupants of properties under litigation.

Sentiment

The sentiment surrounding HB 441 appears largely supportive among landlords and property owners who favor clearer and more streamlined procedures in eviction cases. Advocates argue that the bill will aid in overcoming bureaucratic obstacles that can arise when dealing with unknown occupants. However, there are concerns regarding potential impacts on the rights of tenants and occupants, particularly if these individuals may be the subject of eviction without fully knowing their rights. Critics emphasize the need for fairness in eviction proceedings, advocating for tenants' rights even when they are not identified explicitly.

Contention

Notable points of contention include the balance between expediting legal processes and protecting the rights of occupants who may not have been adequately notified of eviction actions against them. This issue raises questions about the due process rights of individuals living in properties who are deemed 'unknown.' Some legal experts warn that the expedited processes outlined in the bill could lead to injustices for those occupants who may not be aware of their legal situation, potentially leading to wrongful evictions if not handled with care.

Companion Bills

FL S0522

Same As Removal of Unknown Parties in Possession

Previously Filed As

FL H1619

Carrying and Possession of Weapons and Firearms

FL H0031

Carrying and Possession of Weapons and Firearms

FL H0209

Possession or Use of a Firearm in a Sensitive Location

FL H1335

Department of Business and Professional Regulation

FL H0489

Unlawful Possession of Firearms or Weapons by a Person Adjudicated Delinquent

FL H0421

Removal of Roadside Memorials

FL H0577

Removal, Storage, and Cleanup of Electric Vehicles

FL H0383

Purchase and Possession of Firearms by Law Enforcement Officers, Correctional Officers, Correctional Probation Officers, and Servicemembers

FL H0985

Housing

FL H1161

Removal of Altered Sexual Depictions Posted without Consent

Similar Bills

No similar bills found.