HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 1 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to unlawful actions concerning real 2
property; creating s. 82.037, F.S.; authorizing a 3
property owner or his or her authorized agent to 4
request the sheriff in the county in which the owner's 5
commercial real property is located to immediately 6
remove persons unlawfully occupying the owner's 7
commercial real property, under certain conditions; 8
requiring such owners or agents to submit a specified 9
completed and verified complaint; specifying 10
requirements for the complaint; specifying 11
requirements for the sheriff; authorizing the sheriff 12
to arrest an unauthorized person for legal cause; 13
providing that sheriffs are entitled to a specified 14
fee for service of the required notice to vacate 15
immediately; authorizing the owner or agent to request 16
that the sheriff stand by while the owner or agent 17
takes possession of the commercial real property; 18
authorizing the sheriff to charge a reasonable hourly 19
rate; providing that the sheriff is not liable to any 20
party for loss, destruction, or damage; providing that 21
the property owner or agent is not liable to any party 22
for the loss or destruction of, or damage to, personal 23
property unless it was wrongfully removed; providing 24
civil remedies; providing construction; amending s. 25
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 2 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
806.13, F.S.; prohibiting unlawfully detai ning, or 26
occupying or trespassing upon, commercial real 27
property intentionally and causing a specified amount 28
of damage; providing criminal penalties; providing an 29
effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Section 82.037, Florida Statutes, is created to 34
read: 35
82.037 Limited alternative remedy to remove unauthorized 36
persons from commercial real property. — 37
(1) A property owner or his or her authorized agent may 38
request from the sheriff of the county in which the owner's 39
commercial real property is located the immediate removal of any 40
person unlawfully occupying the commercial real property 41
pursuant to this section if all of the following conditions are 42
met: 43
(a) The requesting person is the property own er or 44
authorized agent of the property owner. 45
(b) The real property that is being occupied includes 46
commercial property. 47
(c) An unauthorized person or persons have unlawfully 48
entered and remain in or continue to occupy the property owner's 49
commercial real property. 50
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 3 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) The commercial real property was not open to members 51
of the public at the time the unauthorized person or persons 52
entered. 53
(e) The property owner has directed the unauthorized 54
person or persons to leave the commercial real property. 55
(f) The unauthorized person or persons are not current or 56
former tenants pursuant to a written or oral rental agreement 57
authorized by the property owner. 58
(g) There is no litigation related to the commercial real 59
property pending between the property own er and any known 60
unauthorized person. 61
(2) To request the immediate removal of an unlawful 62
occupant of commercial real property, the property owner or his 63
or her authorized agent must submit a complaint by presenting a 64
completed and verified Complaint to Remove Persons Unlawfully 65
Occupying Commercial Real Property to the sheriff of the county 66
in which the real property is located. The submitted complaint 67
must be in substantially the following form: 68
69
COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING 70
COMMERCIAL REAL PROPERTY 71
72
I, the owner or authorized agent of the owner of the 73
commercial real property located at ... (address of property) 74
..., declare under penalty of perjury that (initial each box): 75
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 4 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1. ....I am the owner of the commercial real prop erty or 76
the authorized agent of the owner of the commercial real 77
property. 78
2. ....I purchased the commercial real property on ... 79
(date of purchase) .... 80
3. ....An unauthorized person or persons have unlawfully 81
entered and remain on the commercial real property. 82
4. ....The commercial real property was not open to 83
members of the public at the time the unauthorized person or 84
persons entered. 85
5. ....I have directed the unauthorized person or persons 86
to leave the commercial real property, but they have not done 87
so. 88
6. ....The unauthorized person or persons are not current 89
or former tenants pursuant to any valid lease authorized by the 90
property owner, and any lease that may be produced by an 91
occupant is fraudulent. 92
7. ....The unauthorized person or pe rsons sought to be 93
removed are not an owner or co -owner of the commercial real 94
property and have not been listed on the title to the commercial 95
real property unless the person or persons have engaged in title 96
fraud. 97
8. ....There is no litigation related to the commercial 98
real property pending between the property owner and any person 99
sought to be removed. 100
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 5 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
9. ....I understand that any person removed from the 101
commercial real property pursuant to this procedure may bring a 102
cause of action against me for an y false statements made in this 103
complaint, or for wrongfully using this procedure, and that as a 104
result of such action I may be held liable for actual damages, 105
penalties, costs, and reasonable attorney fees. 106
10. ....I request that the sheriff immediately remove the 107
unauthorized person or persons from the commercial real 108
property. 109
11. ....A copy of my valid government -issued 110
identification is attached, or I am an agent of the property 111
owner, and documents evidencing my authority to act on the 112
property owner's behalf are attached. 113
114
I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT, AND EACH 115
STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 116
MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY, 117
PUNISHABLE AS PROVIDED IN SECTION 837.0 2, FLORIDA STATUTES. 118
119
...(Signature of the Property Owner or Agent of Owner)... 120
121
(3) Upon receipt of the complaint, the sheriff shall 122
verify that the person submitting the complaint is the record 123
owner of the commercial real property or the authorized ag ent of 124
the owner and appears otherwise entitled to relief under this 125
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 6 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
section. If verified, the sheriff must, without delay, serve a 126
notice to vacate immediately on all the unlawful occupants and 127
must put the owner in possession of the commercial real 128
property. Service may be accomplished by hand delivery of the 129
notice to an occupant or by posting the notice on the front door 130
or entrance of the commercial real property. The sheriff shall 131
also attempt to verify the identities of all persons occupying 132
the commercial real property and note their identities on the 133
return of service. If appropriate, the sheriff may arrest any 134
person found in the commercial real property for trespass, 135
outstanding warrants, or any other legal cause. 136
(4) The sheriff is entitled to the same fee for service of 137
the notice to vacate immediately as if the sheriff were serving 138
a writ of possession under s. 30.231. After the sheriff serves 139
the notice to vacate immediately, the property owner or 140
authorized agent may request that the sheriff stand by to keep 141
the peace while the property owner or agent of the owner changes 142
the locks and removes the personal property of the unauthorized 143
person or persons to or near the property line. When such a 144
request is made, the sheriff may charge a reasona ble hourly 145
rate, and the person requesting the sheriff is responsible for 146
paying such hourly rate. The sheriff is not liable to the 147
unauthorized person or persons or any other party for loss, 148
destruction, or damage to their personal property. The property 149
owner or his or her authorized agent is not liable to an 150
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 7 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
unauthorized person or persons or any other party for the loss, 151
destruction, or damage to their personal property unless the 152
removal was not in accordance with this section. 153
(5) A person may bring a civil cause of action for 154
wrongful removal under this section. A person harmed by a 155
wrongful removal under this section may be restored to 156
possession of the commercial real property and may recover 157
actual costs and damages incurred, statutory damages equ al to 158
triple the fair market rent of the commercial real property, 159
court costs, and reasonable attorney fees. The court shall 160
advance the cause on the calendar. 161
(6) This section does not limit the rights of a property 162
owner or limit the authority of a la w enforcement officer to 163
arrest any unauthorized person for trespassing, vandalism, 164
theft, or other crimes. 165
Section 2. Subsection (4) of section 806.13, Florida 166
Statutes, is amended to read: 167
806.13 Criminal mischief; penalties; penalty for minor. — 168
(4) A person who unlawfully detains or occupies or 169
trespasses upon a residential dwelling or commercial real 170
property and who intentionally damages the dwelling or the 171
commercial real property causing $1,000 or more in damages 172
commits a felony of the secon d degree, punishable as provided in 173
s. 775.082, s. 775.083, or s. 775.084. 174
Section 3. Section 817.0311, Florida Statutes, is amended 175
HB 213 2025
CODING: Words stricken are deletions; words underlined are additions.
hb213-00
Page 8 of 8
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to read: 176
817.0311 Fraudulent sale or lease of residential real 177
property.—A person who lists or advertises residential real 178
property for sale knowing that the purported seller has no legal 179
title or authority to sell the property, or rents or leases the 180
property to another person knowing that he or she has no lawful 181
ownership in the property or leasehold interest in the pr operty, 182
commits a felony of the first degree, punishable as provided in 183
s. 775.082, s. 775.083, or s. 775.084. 184
Section 4. This act shall take effect July 1, 2025. 185