Florida Squatters Losing Rights as Renters Become Fearful of HB 621

HB 621, a proposed bill addressing squatters' rights, seeks to make significant changes to the definition of "transient occupants" in Florida. Primarily sponsored by Rep. Kevin Steele (R- Dade City) and filed on Nov. 21, the bill had it's first reading on January 9th, 2024 with the original filed version.

The Florida Senate: Here is how the proposed bill currently reads:

HB 621: Possession of Real Property

GENERAL BILL by Steele ; (CO-INTRODUCERS) Berfield ; Black ; Garcia ; Stark

Possession of Real Property; Abolishes doctrine of adverse possession of real property; revises provisions concerning unlawful detention by transient occupant of residential property; prohibits knowingly & willfully presenting false document purporting to be valid lease agreement, deed, or other instrument conveying real property rights.

We've all heard the horror stories Florida squatters and those trying to acquire property by non-traditional means are abusing and while it is important to protect landlords, and homeowners, current renters in a house may experience being put out on the street by HB 621 as in it's current written form.

The bill aims to eliminate the doctrine of adverse possession, commonly known as "squatter's rights," in the state. This doctrine currently allows individuals openly and continuously occupying a property to eventually gain ownership. However, the proposed changes would set aside this legal avenue to property ownership, potentially impacting how abandoned properties are dealt with in the future.

What does doctrine of adverse possession mean?

In Florida, if a person continuously occupies a parcel of real property for seven consecutive years and does not possess a legal document to validate a claim to the property, the person may acquire ownership of the property via adverse possession.

One noteworthy aspect of HB 621 is its proposed expansion of the definition of "transient occupants." This term refers to those who unlawfully occupy residential property and are subject to a swift removal process, distinct from the formal eviction process. The bill suggests broadening the definition to include renters without a notarized lease and tenants without a receipt of rental payment to the property owner. This means for those renters, who have a lease and make monthly payments, make sure you have all the legal paper work within reach at all times if you are ask to produce the documents to prove you have the legal right to be in the home.

Legal experts across Florida are expressing some concerns about the unintended consequences of such an expansion, like potential abuse by landlords who may use the provision as an alternative to evade formal eviction process, particularly in cases of non-payment of rent.

The proposed changes to the definition of 'transient occupants' could raise constitutional concerns regarding due process, as the removal process would occur without a court hearing.

While the bill's language may undergo modifications during the legislative process, and it should, the current version prompts discussions about the potential impacts on Florida renters and the broader implications for property rights.

The proposed repeal of adverse possession and the adjustments to the definition of transient occupants represent substantial shifts in the existing legal framework, warranting careful consideration and examination throughout the legislative session.

We'll keep you updated on HB 621. What are your thoughts? Tell us in the comments or share and start a conversation.

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