FL
Florida House Bill H0213

Florida 2025 Regular Session

Florida House Bill H0213 Compare Versions

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1010 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
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1414 A bill to be entitled 1
15-An act relating to property rights; amending s. 2
16-82.036, F.S.; specifying a requirement for a complaint 3
17-to remove an unauthorized person from residential real 4
18-property; correcting a cross -reference in the 5
19-complaint; creating s. 82.037, F.S.; authorizing a 6
20-property owner or his or her authorized agent to 7
21-request the sheriff in the county in which the owner's 8
22-commercial real property is located to immediately 9
23-remove persons unlawfully occupying the owner's 10
24-commercial real property if specified conditions are 11
25-met; requiring such owners or agents to submit a 12
26-specified completed and verified complaint; specifying 13
27-requirements for the complaint; specifying 14
28-requirements for the sheriff upon receipt of the 15
29-complaint; authorizing the sheriff to arrest an 16
30-unauthorized person for legal cause; providing that 17
31-sheriffs are entitled to a specified fee for service 18
32-of the notice to vacate immediately; authorizing the 19
33-owner or agent to request that the sheriff stand by 20
34-while the owner or agent takes possession of the 21
35-commercial real property; authorizing the sheriff to 22
36-charge a reasonable hourly rate; providing that the 23
37-sheriff is not liable to any party for the loss or 24
38-destruction of, or damage to, certain personal 25
15+An act relating to unlawful actions concerning real 2
16+property; creating s. 82.037, F.S.; authorizing a 3
17+property owner or his or her authorized agent to 4
18+request the sheriff in the county in which the owner's 5
19+commercial real property is located to immediately 6
20+remove persons unlawfully occupying the owner's 7
21+commercial real property, under certain conditions; 8
22+requiring such owners or agents to submit a specified 9
23+completed and verified complaint; specifying 10
24+requirements for the complaint; specifying 11
25+requirements for the sheriff; authorizing the sheriff 12
26+to arrest an unauthorized person for legal cause; 13
27+providing that sheriffs are entitled to a specified 14
28+fee for service of the required notice to vacate 15
29+immediately; authorizing the owner or agent to request 16
30+that the sheriff stand by while the owner or agent 17
31+takes possession of the commercial real property; 18
32+authorizing the sheriff to charge a reasonable hourly 19
33+rate; providing that the sheriff is not liable to any 20
34+party for loss, destruction, or damage; providing that 21
35+the property owner or agent is not liable to any party 22
36+for the loss or destruction of, or damage to, personal 23
37+property unless it was wrongfully removed; providing 24
38+civil remedies; providing construction; amending s. 25
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4747 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
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51-property; providing that the property owner or agent 26
52-is not liable to any party for the loss or destruction 27
53-of, or damage to, personal property unless it was 28
54-wrongfully removed; providing civil remedies; 29
55-providing construction; amending s. 689.03, F.S.; 30
56-making technical changes; amending s. 806.13, F.S.; 31
57-prohibiting a person from unlawfully detaining or 32
58-occupying or trespassing upon commercial real property 33
59-and intentionally causing a specified amount of 34
60-damage; providing criminal penalties; amending s. 35
61-817.0311, F.S.; prohibiting listing or advertising for 36
62-sale, or renting or leasing, real property under 37
63-certain circumstances; providing criminal penalties; 38
64-reenacting ss. 775.0837(1)(c) and 895.02(8)(a), F.S., 39
65-relating to habitual misdemeanor offenders and 40
66-definitions, respectively, to incorporate the 41
67-amendments made to ss. 806.13 and 817.0311, F.S., in 42
68-references thereto; providing an effective date. 43
69- 44
70-Be It Enacted by the Legislature of the State of Florida: 45
71- 46
72- Section 1. Subsection (3) of section 82.036, Florida 47
73-Statutes, is amended to read: 48
74- 82.036 Limited alte rnative remedy to remove unauthorized 49
75-persons from residential real property. — 50
51+806.13, F.S.; prohibiting unlawfully detai ning, or 26
52+occupying or trespassing upon, commercial real 27
53+property intentionally and causing a specified amount 28
54+of damage; providing criminal penalties; providing an 29
55+effective date. 30
56+ 31
57+Be It Enacted by the Legislature of the State of Florida: 32
58+ 33
59+ Section 1. Section 82.037, Florida Statutes, is created to 34
60+read: 35
61+ 82.037 Limited alternative remedy to remove unauthorized 36
62+persons from commercial real property. — 37
63+ (1) A property owner or his or her authorized agent may 38
64+request from the sheriff of the county in which the owner's 39
65+commercial real property is located the immediate removal of any 40
66+person unlawfully occupying the commercial real property 41
67+pursuant to this section if all of the following conditions are 42
68+met: 43
69+ (a) The requesting person is the property own er or 44
70+authorized agent of the property owner. 45
71+ (b) The real property that is being occupied includes 46
72+commercial property. 47
73+ (c) An unauthorized person or persons have unlawfully 48
74+entered and remain in or continue to occupy the property owner's 49
75+commercial real property. 50
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8484 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
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88- (3) To request the immediate removal of an unlawful 51
89-occupant of a residential dwelling, the property owner or his or 52
90-her authorized agent must submit a complaint by presenting a 53
91-completed and verified Complaint to Remove Persons Unlawfully 54
92-Occupying Residential Real Property to the sheriff of the county 55
93-in which the real property is located. The submitted complaint 56
94-must be in substantially the following form: 57
95- 58
96-COMPLAINT TO REMOVE PERSONS UNLAWFULLY 59
97-OCCUPYING RESIDENTIAL REAL PROPERTY 60
98- 61
99- I, the owner or authorized agent of the owner of the real 62
100-property located at ........, declare under the penalty of 63
101-perjury that (initial each box): 64
102- 1. .... I am the owner of the real property or the 65
103-authorized agent of the owner of the real property. 66
104- 2. .... I purchased the property on ..... 67
105- 3. .... The real property is a residential dwelling. 68
106- 4. .... An unauthorized person or persons have unlawfully 69
107-entered and are remaining or residing unlawfully on the real 70
108-property. 71
109- 5. .... The real property was not open to members of the 72
110-public at the time the unauthorized person or persons entered. 73
111- 6. .... I have directed the unauthorized person or persons 74
112-to leave the real property, but they have not done so. 75
88+ (d) The commercial real property was not open to members 51
89+of the public at the time the unauthorized person or persons 52
90+entered. 53
91+ (e) The property owner has directed the unauthorized 54
92+person or persons to leave the commercial real property. 55
93+ (f) The unauthorized person or persons are not current or 56
94+former tenants pursuant to a written or oral rental agreement 57
95+authorized by the property owner. 58
96+ (g) There is no litigation related to the commercial real 59
97+property pending between the property own er and any known 60
98+unauthorized person. 61
99+ (2) To request the immediate removal of an unlawful 62
100+occupant of commercial real property, the property owner or his 63
101+or her authorized agent must submit a complaint by presenting a 64
102+completed and verified Complaint to Remove Persons Unlawfully 65
103+Occupying Commercial Real Property to the sheriff of the county 66
104+in which the real property is located. The submitted complaint 67
105+must be in substantially the following form: 68
106+ 69
107+COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING 70
108+COMMERCIAL REAL PROPERTY 71
109+ 72
110+ I, the owner or authorized agent of the owner of the 73
111+commercial real property located at ... (address of property) 74
112+..., declare under penalty of perjury that (initial each box): 75
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121121 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
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125- 7. .... The person or persons are not current or former 76
126-tenants pursuant to any valid lease authorized by the property 77
127-owner, and any lease that may be produced by an occupant is 78
128-fraudulent. 79
129- 8. .... The unauthorized person or persons sought to be 80
130-removed are not an owner or a co -owner of the property and have 81
131-not been listed on the title to the property unless the person 82
132-or persons have engaged in title fraud. 83
133- 9. .... The unauthorized person or persons are not 84
134-immediate family member s of the property owner. 85
135- 10. .... There is no litigation related to the real 86
136-property pending between the property owner and any person 87
137-sought to be removed. 88
138- 11. .... I understand that a person or persons removed 89
139-from the property pursuant to this proc edure may bring a cause 90
140-of action against me for any false statements made in this 91
141-complaint, or for wrongfully using this procedure, and that as a 92
142-result of such action I may be held liable for actual damages, 93
143-penalties, costs, and reasonable attorney fee s. 94
144- 12. .... I am requesting the sheriff to immediately remove 95
145-the unauthorized person or persons from the residential 96
146-property. I authorize the sheriff to enter the property using 97
147-reasonably necessary force, to search the property, and to 98
148-remove any unauthorized person or persons. 99
149- 13. .... A copy of my valid government -issued 100
125+ 1. ....I am the owner of the commercial real prop erty or 76
126+the authorized agent of the owner of the commercial real 77
127+property. 78
128+ 2. ....I purchased the commercial real property on ... 79
129+(date of purchase) .... 80
130+ 3. ....An unauthorized person or persons have unlawfully 81
131+entered and remain on the commercial real property. 82
132+ 4. ....The commercial real property was not open to 83
133+members of the public at the time the unauthorized person or 84
134+persons entered. 85
135+ 5. ....I have directed the unauthorized person or persons 86
136+to leave the commercial real property, but they have not done 87
137+so. 88
138+ 6. ....The unauthorized person or persons are not current 89
139+or former tenants pursuant to any valid lease authorized by the 90
140+property owner, and any lease that may be produced by an 91
141+occupant is fraudulent. 92
142+ 7. ....The unauthorized person or pe rsons sought to be 93
143+removed are not an owner or co -owner of the commercial real 94
144+property and have not been listed on the title to the commercial 95
145+real property unless the person or persons have engaged in title 96
146+fraud. 97
147+ 8. ....There is no litigation related to the commercial 98
148+real property pending between the property owner and any person 99
149+sought to be removed. 100
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158158 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
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162-identification is attached, or I am an agent of the property 101
163-owner, and documents evidencing my authority to act on the 102
164-property owner's behalf are attached. 103
165- 104
166-I HAVE READ EVERY STA TEMENT MADE IN THIS PETITION AND EACH 105
167-STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 106
168-MADE IN THIS PETITION ARE BEING MADE UNDER PENALTY OF PERJURY, 107
169-PUNISHABLE AS PROVIDED IN SECTION 92.525 837.02, FLORIDA 108
170-STATUTES. 109
171- 110
172-...(Signature of Proper ty Owner or Agent of Owner)... 111
173- Section 2. Section 82.037, Florida Statutes, is created to 112
174-read: 113
175- 82.037 Limited alternative remedy to remove unauthorized 114
176-persons from commercial real property. — 115
177- (1) A property owner or his or her authorized agent may 116
178-request from the sheriff of the county in which the owner's 117
179-commercial real property is located the immediate removal of any 118
180-person or persons unlawfully occupying the commercial real 119
181-property pursuant to this section if all of the following 120
182-conditions are met: 121
183- (a) The requesting person is the property owner or 122
184-authorized agent of the property owner. 123
185- (b) The real property that is being occupied includes 124
186-commercial property. 125
162+ 9. ....I understand that any person removed from the 101
163+commercial real property pursuant to this procedure may bring a 102
164+cause of action against me for an y false statements made in this 103
165+complaint, or for wrongfully using this procedure, and that as a 104
166+result of such action I may be held liable for actual damages, 105
167+penalties, costs, and reasonable attorney fees. 106
168+ 10. ....I request that the sheriff immediately remove the 107
169+unauthorized person or persons from the commercial real 108
170+property. 109
171+ 11. ....A copy of my valid government -issued 110
172+identification is attached, or I am an agent of the property 111
173+owner, and documents evidencing my authority to act on the 112
174+property owner's behalf are attached. 113
175+ 114
176+I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT, AND EACH 115
177+STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 116
178+MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY, 117
179+PUNISHABLE AS PROVIDED IN SECTION 837.0 2, FLORIDA STATUTES. 118
180+ 119
181+...(Signature of the Property Owner or Agent of Owner)... 120
182+ 121
183+ (3) Upon receipt of the complaint, the sheriff shall 122
184+verify that the person submitting the complaint is the record 123
185+owner of the commercial real property or the authorized ag ent of 124
186+the owner and appears otherwise entitled to relief under this 125
187187
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195195 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
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197197
198198
199- (c) An unauthorized person or persons have unlawfully 126
200-entered and remain in o r continue to occupy the property owner's 127
201-commercial real property. 128
202- (d) The commercial real property was not open to members 129
203-of the public at the time the unauthorized person or persons 130
204-entered. 131
205- (e) The property owner has directed the unauthorized 132
206-person or persons to leave the commercial real property. 133
207- (f) The unauthorized person or persons are not current or 134
208-former tenants pursuant to a written or an oral rental agreement 135
209-authorized by the property owner. 136
210- (g) There is no litigation related to the commercial real 137
211-property pending between the property owner and any known 138
212-unauthorized person. 139
213- (2) To request the immediate removal of an unlawful 140
214-occupant of commercial real property, the property owner or his 141
215-or her authorized agent must submit a compl aint by presenting a 142
216-completed and verified Complaint to Remove Persons Unlawfully 143
217-Occupying Commercial Real Property to the sheriff of the county 144
218-in which the real property is located. The submitted complaint 145
219-must be in substantially the following form: 146
220- 147
221-COMPLAINT TO REMOVE PERSONS UNLAWFULLY OCCUPYING 148
222-COMMERCIAL REAL PROPERTY 149
223- 150
199+section. If verified, the sheriff must, without delay, serve a 126
200+notice to vacate immediately on all the unlawful occupants and 127
201+must put the owner in possession of the commercial real 128
202+property. Service may be accomplished by hand delivery of the 129
203+notice to an occupant or by posting the notice on the front door 130
204+or entrance of the commercial real property. The sheriff shall 131
205+also attempt to verify the identities of all persons occupying 132
206+the commercial real property and note their identities on the 133
207+return of service. If appropriate, the sheriff may arrest any 134
208+person found in the commercial real property for trespass, 135
209+outstanding warrants, or any other legal cause. 136
210+ (4) The sheriff is entitled to the same fee for service of 137
211+the notice to vacate immediately as if the sheriff were serving 138
212+a writ of possession under s. 30.231. After the sheriff serves 139
213+the notice to vacate immediately, the property owner or 140
214+authorized agent may request that the sheriff stand by to keep 141
215+the peace while the property owner or agent of the owner changes 142
216+the locks and removes the personal property of the unauthorized 143
217+person or persons to or near the property line. When such a 144
218+request is made, the sheriff may charge a reasona ble hourly 145
219+rate, and the person requesting the sheriff is responsible for 146
220+paying such hourly rate. The sheriff is not liable to the 147
221+unauthorized person or persons or any other party for loss, 148
222+destruction, or damage to their personal property. The property 149
223+owner or his or her authorized agent is not liable to an 150
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232232 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
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236- I, the owner or authorized agent of the owner of the 151
237-commercial real property located at ... address of property ..., 152
238-declare under penalty of perjury that (initial each box): 153
239- 1. ....I am the owner of the commercial real property or 154
240-the authorized agent of the owner of the commercial real 155
241-property. 156
242- 2. ....I purchased the commercial real property on ... 157
243-date of purchase .... 158
244- 3. ....An unauthorized person or persons have unlawfu lly 159
245-entered and remain on the commercial real property. 160
246- 4. ....The commercial real property was not open to 161
247-members of the public at the time the unauthorized person or 162
248-persons entered. 163
249- 5. ....I have directed the unauthorized person or persons 164
250-to leave the commercial real property, but they have not done 165
251-so. 166
252- 6. ....The unauthorized person or persons are not current 167
253-or former tenants pursuant to any valid lease authorized by me 168
254-or one of my agents, and any lease that may be produced by an 169
255-occupant is fraudulent. 170
256- 7. ....The unauthorized person or persons sought to be 171
257-removed are not owners or co -owners of the commercial real 172
258-property and have not been listed on the title to the commercial 173
259-real property unless the person or persons have engaged in title 174
260-fraud. 175
236+unauthorized person or persons or any other party for the loss, 151
237+destruction, or damage to their personal property unless the 152
238+removal was not in accordance with this section. 153
239+ (5) A person may bring a civil cause of action for 154
240+wrongful removal under this section. A person harmed by a 155
241+wrongful removal under this section may be restored to 156
242+possession of the commercial real property and may recover 157
243+actual costs and damages incurred, statutory damages equ al to 158
244+triple the fair market rent of the commercial real property, 159
245+court costs, and reasonable attorney fees. The court shall 160
246+advance the cause on the calendar. 161
247+ (6) This section does not limit the rights of a property 162
248+owner or limit the authority of a la w enforcement officer to 163
249+arrest any unauthorized person for trespassing, vandalism, 164
250+theft, or other crimes. 165
251+ Section 2. Subsection (4) of section 806.13, Florida 166
252+Statutes, is amended to read: 167
253+ 806.13 Criminal mischief; penalties; penalty for minor. — 168
254+ (4) A person who unlawfully detains or occupies or 169
255+trespasses upon a residential dwelling or commercial real 170
256+property and who intentionally damages the dwelling or the 171
257+commercial real property causing $1,000 or more in damages 172
258+commits a felony of the secon d degree, punishable as provided in 173
259+s. 775.082, s. 775.083, or s. 775.084. 174
260+ Section 3. Section 817.0311, Florida Statutes, is amended 175
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269269 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
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273- 8. ....There is no litigation related to the commercial 176
274-real property pending between any person sought to be removed 177
275-and myself or my agent. 178
276- 9. ....I understand that any person removed from the 179
277-commercial real property pursuant to this procedu re may bring a 180
278-cause of action against me for any false statements made in this 181
279-complaint, or for wrongfully using this procedure, and that as a 182
280-result of such action I may be held liable for actual damages, 183
281-penalties, costs, and reasonable attorney fees. 184
282- 10. ....I request that the sheriff immediately remove the 185
283-unauthorized person or persons from the commercial real 186
284-property. I authorize the sheriff to enter the property using 187
285-reasonably necessary force, to search the property, and to 188
286-remove any unauthorized person or persons. 189
287- 11. ....A copy of my valid government -issued 190
288-identification is attached, or I am an agent of the property 191
289-owner, and documents evidencing my authority to act on the 192
290-property owner's behalf are attached. 193
291- 194
292-I HAVE READ EVERY STATEMEN T MADE IN THIS COMPLAINT, AND EACH 195
293-STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS 196
294-MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY, 197
295-PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES. 198
296- 199
297-...(Signature of the Property Ow ner or Agent of Owner...) 200
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306-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
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310- 201
311- (3) Upon receipt of the complaint, the sheriff shall 202
312-verify that the person submitting the complaint is the record 203
313-owner of the commercial real property or the authorized agent of 204
314-the owner and appears otherwise entitled to rel ief under this 205
315-section. If verified, the sheriff must, without delay, serve a 206
316-notice to vacate immediately on any unlawful occupant or 207
317-occupants and must put the owner in possession of the commercial 208
318-real property. Service of the notice may be accomplished by hand 209
319-delivery to an unlawful occupant or occupants or by posting the 210
320-notice on the front door or entrance of the commercial real 211
321-property. The sheriff shall also attempt to verify the 212
322-identities of all persons occupying the commercial real property 213
323-and note their identities on the return of service. If 214
324-appropriate, the sheriff may arrest any person found in the 215
325-commercial real property for trespass, outstanding warrants, or 216
326-any other legal cause. 217
327- (4) The sheriff is entitled to the same fee for service of 218
328-the notice to vacate immediately as if the sheriff were serving 219
329-a writ of possession under s. 30.231. After the sheriff serves 220
330-the notice to vacate immediately, the property owner or 221
331-authorized agent may request that the sheriff stand by to keep 222
332-the peace while the property owner or agent of the owner changes 223
333-the locks and removes the personal property of the unauthorized 224
334-person or persons to or near the property line. When such a 225
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343-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
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347-request is made, the sheriff may charge a reasonable hourly 226
348-rate, and the person requesting the sheriff is responsible for 227
349-paying such hourly rate. The sheriff is not liable to the 228
350-unauthorized person or persons or any other party for the loss 229
351-or destruction of, or damage to, their personal property. The 230
352-property owner or his o r her authorized agent is not liable to 231
353-an unauthorized person or persons or any other party for the 232
354-loss or destruction of, or damage to, their personal property 233
355-unless the removal was not in accordance with this section. 234
356- (5) A person may bring a civil cause of action for 235
357-wrongful removal under this section. A person harmed by a 236
358-wrongful removal under this section may be restored to 237
359-possession of the commercial real property and may recover 238
360-actual costs and damages incurred, statutory damages equal to 239
361-triple the fair market rent of the commercial real property, 240
362-court costs, and reasonable attorney fees. The court shall 241
363-advance the cause on the calendar. 242
364- (6) This section does not limit the rights of a property 243
365-owner or limit the authority of a law enforc ement officer to 244
366-arrest any unauthorized person for trespassing, vandalism, 245
367-theft, or other crimes. 246
368- Section 3. Section 689.03, Florida Statutes, is amended to 247
369-read: 248
370- 689.03 Effect of such deed. —A conveyance executed 249
371-substantially in the foregoing form provided in s. 689.02 must 250
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380-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
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382-
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384-shall be held to be a warranty deed with full common -law 251
385-covenants, and must shall just as effectually bind the grantor, 252
386-and the grantor's heirs, as if such said covenants were 253
387-specifically set out therein. And this form of conveyance when 254
388-signed by a married woman must shall be held to convey whatever 255
389-interest in the property conveyed which she may possess. 256
390- Section 4. Subsection (4) of section 806.13, Florida 257
391-Statutes, is amended to read: 258
392- 806.13 Criminal mischief; pen alties; penalty for minor. — 259
393- (4) A person who unlawfully detains or occupies or 260
394-trespasses upon a residential dwelling or a commercial real 261
395-property and who intentionally damages the dwelling or the 262
396-commercial real property causing $1,000 or more in damag es 263
397-commits a felony of the second degree, punishable as provided in 264
398-s. 775.082, s. 775.083, or s. 775.084. 265
399- Section 5. Section 817.0311, Florida Statutes, is amended 266
400-to read: 267
401- 817.0311 Fraudulent sale or lease of residential real 268
402-property.—A person who lists or advertises residential real 269
403-property for sale knowing that the purported seller has no legal 270
404-title or authority to sell the property, or rents or leases the 271
405-property to another person knowing that he or she has no lawful 272
406-ownership in the property or leasehold interest in the property, 273
407-commits a felony of the first degree, punishable as provided in 274
408-s. 775.082, s. 775.083, or s. 775.084. 275
409-
410-CS/HB 213 2025
411-
412-
413-
414-CODING: Words stricken are deletions; words underlined are additions.
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417-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
418-
419-
420-
421- Section 6. For the purpose of incorporating the amendments 276
422-made by this act to sections 806.13 and 817.0311, Florida 277
423-Statutes, in references thereto, paragraph (c) of subsection (1) 278
424-of section 775.0837, Florida Statutes, is reenacted to read: 279
425- 775.0837 Habitual misdemeanor offenders. — 280
426- (1) As used in this section, the term: 281
427- (c) "Specified misdemeanor offense" means those 282
428-misdemeanor offenses described in chapter 741, chapter 784, 283
429-chapter 790, chapter 796, chapter 800, chapter 806, chapter 810, 284
430-chapter 812, chapter 817, chapter 831, chapter 832, chapter 843, 285
431-chapter 856, chapter 893, or chapter 901. 286
432- Section 7. For the purpose of incorporating the amendments 287
433-made by this act to sections 806.13 and 817.0311, Florida 288
434-Statutes, in references thereto, paragraph (a) of subsection (8) 289
435-of section 895.02, Florida Statutes, as amended by chapter 2025 -290
436-1, Laws of Florida, is reenacted to read: 291
437- 895.02 Definitions. —As used in ss. 895.01 -895.08, the 292
438-term: 293
439- (8) "Racketeering activity" means to commit, to attempt to 294
440-commit, to conspire to commit, or to solicit, coerce, or 295
441-intimidate another person to commit: 296
442- (a) Any crime that is chargeable by petition, indictment, 297
443-or information under the following provisions of the Florida 298
444-Statutes: 299
445- 1. Section 104.155(2), relating to aiding or soliciting a 300
446-
447-CS/HB 213 2025
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450-
451-CODING: Words stricken are deletions; words underlined are additions.
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454-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
455-
456-
457-
458-noncitizen in voting. 301
459- 2. Section 210.18, relating to evasion of payment of 302
460-cigarette taxes. 303
461- 3. Section 316.1935, relating to fleeing or attempting to 304
462-elude a law enforcement officer and aggravated fleeing or 305
463-eluding. 306
464- 4. Chapter 379, relating to the illegal sale, purchase, 307
465-collection, harvest, capture, or possession of wild anim al life, 308
466-freshwater aquatic life, or marine life, and related crimes. 309
467- 5. Section 403.727(3)(b), relating to environmental 310
468-control. 311
469- 6. Section 409.920 or s. 409.9201, relating to Medicaid 312
470-fraud. 313
471- 7. Section 414.39, relating to public assistance fraud. 314
472- 8. Section 440.105 or s. 440.106, relating to workers' 315
473-compensation. 316
474- 9. Section 443.071(4), relating to creation of a 317
475-fictitious employer scheme to commit reemployment assistance 318
476-fraud. 319
477- 10. Section 465.0161, relating to distribution of 320
478-medicinal drugs without a permit as an Internet pharmacy. 321
479- 11. Section 499.0051, relating to crimes involving 322
480-contraband, adulterated, or misbranded drugs. 323
481- 12. Part IV of chapter 501, relating to telemarketing. 324
482- 13. Chapter 517, relating to sale of securities and 325
483-
484-CS/HB 213 2025
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487-
488-CODING: Words stricken are deletions; words underlined are additions.
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491-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
492-
493-
494-
495-investor protection. 326
496- 14. Section 550.235 or s. 550.3551, relating to dogracing 327
497-and horseracing. 328
498- 15. Chapter 550, relating to jai alai frontons. 329
499- 16. Section 551.109, relating to slot machine gaming. 330
500- 17. Chapter 552, relating to the manufacture, 331
501-distribution, and use of explosives. 332
502- 18. Chapter 560, relating to money transmitters, if the 333
503-violation is punishable as a felony. 334
504- 19. Chapter 562, relating to beverage law enforcement. 335
505- 20. Section 624.401, relating to transacting insurance 336
506-without a certificate of authority, s. 624.437(4)(c)1., relating 337
507-to operating an unauthorized multiple -employer welfare 338
508-arrangement, or s. 626.902(1)(b), relating to representing or 339
509-aiding an unauthorized insurer. 340
510- 21. Section 655.50, relating to reports of currency 341
511-transactions, when such violation is punishable as a felony. 342
512- 22. Chapter 687, relating to interest and usurious 343
513-practices. 344
514- 23. Section 721.08, s. 721.09, or s. 721.13, relating to 345
515-real estate timeshare plans. 346
516- 24. Section 775.13(5)(b), relating to registration of 347
517-persons found to have committed any offense for the purpose of 348
518-benefiting, promoting, or furthering the interests of a criminal 349
519-gang. 350
520-
521-CS/HB 213 2025
522-
523-
524-
525-CODING: Words stricken are deletions; words underlined are additions.
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528-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
529-
530-
531-
532- 25. Section 777.03, relating to commission of crimes by 351
533-accessories after the fact. 352
534- 26. Chapter 782, relating to homicide. 353
535- 27. Chapter 784, relating to assault and battery. 354
536- 28. Chapter 787, relating to kidnapping, human smuggling, 355
537-or human trafficking. 356
538- 29. Chapter 790, relating to weapons and firearms. 357
539- 30. Chapter 794, relating to sexual battery, b ut only if 358
540-such crime was committed with the intent to benefit, promote, or 359
541-further the interests of a criminal gang, or for the purpose of 360
542-increasing a criminal gang member's own standing or position 361
543-within a criminal gang. 362
544- 31. Former s. 796.03, former s. 796.035, s. 796.04, s. 363
545-796.05, or s. 796.07, relating to prostitution. 364
546- 32. Chapter 806, relating to arson and criminal mischief. 365
547- 33. Chapter 810, relating to burglary and trespass. 366
548- 34. Chapter 812, relating to theft, robbery, and related 367
549-crimes. 368
550- 35. Chapter 815, relating to computer -related crimes. 369
551- 36. Chapter 817, relating to fraudulent practices, false 370
552-pretenses, fraud generally, credit card crimes, and patient 371
553-brokering. 372
554- 37. Chapter 825, relating to abuse, neglect, or 373
555-exploitation of an el derly person or disabled adult. 374
556- 38. Section 827.071, relating to commercial sexual 375
557-
558-CS/HB 213 2025
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562-CODING: Words stricken are deletions; words underlined are additions.
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565-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
566-
567-
568-
569-exploitation of children. 376
570- 39. Section 828.122, relating to fighting or baiting 377
571-animals. 378
572- 40. Chapter 831, relating to forgery and counterfeiting. 379
573- 41. Chapter 832, rel ating to issuance of worthless checks 380
574-and drafts. 381
575- 42. Section 836.05, relating to extortion. 382
576- 43. Chapter 837, relating to perjury. 383
577- 44. Chapter 838, relating to bribery and misuse of public 384
578-office. 385
579- 45. Chapter 843, relating to obstruction of justice . 386
580- 46. Section 847.011, s. 847.012, s. 847.013, s. 847.06, or 387
581-s. 847.07, relating to obscene literature and profanity. 388
582- 47. Chapter 849, relating to gambling, lottery, gambling 389
583-or gaming devices, slot machines, or any of the provisions 390
584-within that chapter. 391
585- 48. Chapter 874, relating to criminal gangs. 392
586- 49. Chapter 893, relating to drug abuse prevention and 393
587-control. 394
588- 50. Chapter 896, relating to offenses related to financial 395
589-transactions. 396
590- 51. Sections 914.22 and 914.23, relating to tampering with 397
591-or harassing a witness, victim, or informant, and retaliation 398
592-against a witness, victim, or informant. 399
593- 52. Sections 918.12 and 918.13, relating to tampering with 400
594-
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599-CODING: Words stricken are deletions; words underlined are additions.
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602-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
603-
604-
605-
606-jurors and evidence. 401
607- Section 8. This act shall take effect July 1, 2025. 402
273+to read: 176
274+ 817.0311 Fraudulent sale or lease of residential real 177
275+property.—A person who lists or advertises residential real 178
276+property for sale knowing that the purported seller has no legal 179
277+title or authority to sell the property, or rents or leases the 180
278+property to another person knowing that he or she has no lawful 181
279+ownership in the property or leasehold interest in the pr operty, 182
280+commits a felony of the first degree, punishable as provided in 183
281+s. 775.082, s. 775.083, or s. 775.084. 184
282+ Section 4. This act shall take effect July 1, 2025. 185