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FL S0656
Bill
Status
2/3/2015
Primary Sponsor
Regulated Industries
Click for details
AI Summary
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Creates s. 82.045, F.S. to establish a legal framework for removing transient occupants from residential property.
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Defines a "transient occupant" as a person whose brief, non-lease residency in a dwelling was intended to be temporary, with eight specific factors listed to establish this status (including no ownership interest, no utility subscriptions, no mail delivery, minimal rent, and apparent permanent residence elsewhere).
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Authorizes law enforcement officers to direct transient occupants to leave upon receipt of a sworn affidavit from the party entitled to possession; failure to comply constitutes a violation of s. 810.08, with transient status not required as an element of the offense or subject to affirmative defense.
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Provides that wrongfully removed persons may sue the party who requested removal for injunctive relief and compensatory damages, but cannot sue law enforcement absent a showing of bad faith.
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Establishes a civil action for unlawful detainer against transient occupants under s. 82.04 without requiring prior notice; allows courts to convert to eviction proceedings under chapter 83 if the defendant is determined to be a tenant rather than a transient occupant.
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Takes effect July 1, 2015.
Legislative Description
Unlawful Detention by a Transient Occupant
Last Action
Laid on Table, companion bill(s) passed, see CS/CS/HB 305 (Ch. 2015-89)
4/22/2015