FL H0305

Creates s. 82.045, F.S. to define "transient occupant" as a person residing in a dwelling for a brief time without a lease and with intent for temporary occupancy.

Establishes eight factors to identify transient occupants including: no ownership or leasehold interest, no utility subscriptions, minimal or no rent, no designated living space, and an apparent permanent residence elsewhere.

Authorizes law enforcement officers to direct transient occupants to vacate upon receipt of a sworn affidavit from the property owner, with violation constituting a crime under s. 810.08 where defendant status as transient occupant is not an element or affirmative defense.

Provides wrongfully removed persons a cause of action for wrongful removal against the property owner for injunctive relief and damages, but not against law enforcement absent bad faith.

Allows property owners to file civil action for unlawful detainer against transient occupants without prior notice, though courts may convert to standard eviction if defendant is found to be a lease-holding tenant.

Takes effect July 1, 2015.