Commercial property squatting countered with new Florida laws

(The Center Square) – Against the backdrop of thousands of dollars in hotel damages and human trafficking on commercial property, legislation combating squatting in Florida will take effect on July 1.

Gov. Ron DeSantis, second-term Republican, signed Senate bills 322 and 606 in Sarasota Monday.

SB322 is intended to streamline the removal of unauthorized occupants from commercial properties. It passed unanimously in both chambers and was sponsored by Sen. Ana Maria Rodriguez, R-Doral.

Rep. Peggy Gossett-Seidman R-Boca Raton, carried SB322 in the House. She said two instances of squatting at commercial properties – including the takeover of a hotel in Gainesville that cost the owners $15,000 in damages and a warehouse in Melbourne that was the site for illegal activity including human trafficking – showed the need for the legislation.

“It empowers law enforcement to remove squatters while they have the papers filed by the lawful owners of these properties, and these owners have the papers executed, signed, and take them to law enforcement, who then accompany them to the properties where the persons are being illegally occupying,” Gossett-Seidman said. “The sheriffs can verify the information and peaceably remove the persons who are there, perhaps unwittingly, if in fact, criminal activity is discovered at the time, then they are empowered to pursue charges against those bad actors.”

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The new law would make squatting at a property and then using it for criminal activity up to a first-degree felony.

SB606 would bolster the rights of hotel and motel owners against nonpaying or uncooperative guests. The measure, sponsored by Sen. Tom Leek, R-St. Augustine, passed with big majorities in both chambers.

Before its passage, hotel owners had to go through a lengthy landlord/tenant eviction process like those used for long-term dwellings, costing them time and money.

Gil Reyes, Westin Sarasota general manager and the president of the Florida Lodging and Restaurant Association’s Suncoast Chapter, said a key part of SB606 was redefining the distinction between transient and nontransient public lodging establishments. Another key element was defining those rented for less than 30 days and those rented for 30 days or more.

Establishment owners will be able to issue removal notices for guests via email, text message or print. This amends the law requiring written notice.

“This clarity will help reduce confusion and ensure more and consistent enforcement and understanding in the industry,” Reyes said. “Equally important, this bill updates the notification process for guest removal in certain situations, such as when a guest fails to check out or pay for the room.”

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DeSantis said the ultimate goal was preserving property rights, which he said is a key part of a free society.

“We want to make sure that people respect property rights and that property owners have the ability to utilize their property and to have these scams where people come especially when they’re trying to leverage somebody’s deceased relative or something, I mean, give me a break,” DeSantis said at the news conference. “We’re not going to stand for that in the state of Florida.”

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