CS/CS/HB 385 Summary

• Amends section 82.045, Florida Statutes to revise criteria for determining whether a person is a transient occupant, including factors such as lack of ownership interest, no property utility subscriptions, minimal or no rent payment, and lack of designated living space.

• Specifies that transient occupancy terminates when the occupant resides elsewhere, surrenders the key, or leaves when directed by the property owner, law enforcement officer, or court.

• Requires property owners to allow former transient occupants to recover personal belongings within 10 days after occupancy ends under reasonable times and conditions, with ability to impose additional conditions if the former occupant has engaged in misconduct or has history of violence or substance abuse.

• Allows property owners to presume personal belongings are abandoned if not recovered within a reasonable time, with circumstances that may shorten recovery periods including poor condition, perishable nature, or significant impairment of dwelling use.

• Authorizes civil actions by former transient occupants for damages or property recovery if access is unreasonably withheld, with courts awarding prevailing party reasonable attorney fees and costs; effective July 1, 2018.