Homeowners' Rights / Squatters

To preserve the rights of property owners, the Florida Legislature provided for the immediate removal of unauthorized persons if certain conditions are met (see s. 82.036, F.S.).

Those conditions include:

1. The requesting person is the propety owner or authorized agent of the property owner.
2. The real property that is being occupied includes a residential dwelling.
3. An unauthorized person or persons have unlawfully entered and remain or continue to reside on the property owner's property.
4. The real property was not open to members of the public at the time the unauthorized person or persons entered.
5. The property owner has directed the unauthorized person to leave the property.
6. The unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner.
7. The unauthorized person or persons are not immediate family members of the property owner.
8. There is no pending litigation related to the real property between the property owner and any known unauthorized person.

If all of the above listed conditions are met, the property owner or his/her authorized agent may request from the Sheriff of the county in which the property is located the immediate removal of a person or persons unlawfully occupying a residential dwelling.

The process for removal is as follows:

1. The property owner or his/her authorized agent may contact the non-emergency contact number at (386-313-4911) and request a Deputy be dispatched for removal. The property owner or his/her authorized agent is required to complete the Legal-007; Complaint to remove persons unlawfully occupying residential property. They may complete the form in the Deputy’s presence or have the signature notarized and produce the original for the responding Deputy to include in the case file.
2. The Deputy shall verify the person submitting the complaint is the recorded owner of the real property or the authorized agent of the owner by accessing the Flagler County Property Appraisers website.
3. Once verified the Sheriff shall serve notice to immediately vacate the property and put the owner in possession of the property.
4. It is highly recommended prior to requesting the Sheriff’s assistance to complete the removal the property owner or his/her authorized agent make arrangements to change the locks at the property.
5. A Deputy may remain onsite after the notice is served for a limited period.

 

The Sheriff is entitled to collect the same fee for service of the notice to immediately vacate as if the Sheriff were serving a writ of possession under s. 30.231, F.S. However, at this time the Sheriff declines to assess the fee to victims who meet the conditions of this statute.