How to Remove a Squatter in Florida: The Legal Process for Owners

If a stranger has settled into your Florida property without permission, you are in luck compared to owners in most states: since July 1, 2024, Florida law (the squatter bill, HB 621, now codified around Fla. Stat. § 82.036) lets a property owner file a sworn affidavit with the county sheriff to have certain unlawful occupants removed quickly—often without a full court eviction. That is a major shift. But it does not apply to everyone, and using it against the wrong person (such as a former tenant) can backfire. For context, building any real legal claim to your land through adverse possession in Florida takes 7 years, so a recent squatter has no ownership rights—only the practical problem of getting them out the correct way. This is general information, not legal advice; landlord-tenant and property rules change and can vary by city or county, so confirm the current Florida statute or talk to a Florida real estate or landlord-tenant attorney before you act.

Trespasser vs. squatter: why the difference controls everything

The fastest mistake owners make is assuming any uninvited person is a simple trespasser the police will haul off. Florida treats two situations very differently:

• Trespasser: someone who just broke in or refuses to leave and has not established residence—no belongings settled in, no mail, no claim of a right to be there. This is usually a criminal matter, and a deputy may remove them on the spot.
• Settled occupant / squatter: someone who has moved in, has possessions there, receives mail, or claims some right (even a fake lease). Once a person has established occupancy, Florida law historically pushed owners toward a civil remedy, because officers on scene cannot easily judge who has a lawful claim.

That gray zone is exactly what the 2024 law was written to fix.

Why Florida police often would not act—and what changed

Before HB 621, when a settled person waved any paper claiming a lease or permission, deputies frequently called it a "civil matter" and told the owner to go to court. Officers reasonably feared wrongly evicting a real tenant. The new statute gives the sheriff a clear path: if you submit the required sworn complaint and your facts qualify, the sheriff can remove the occupant promptly.

To use the sheriff-removal process under Fla. Stat. § 82.036, the property generally must meet conditions such as:

• You are the owner (or an authorized agent) of the real property.
• The person unlawfully entered and remains, and was directed to leave but did not.
• The person is not a current or former tenant in a legitimate dispute, and there is no pending litigation between you over the property.
• The person was not invited by anyone with authority to invite them.

You complete the statutory verified-complaint form, file it with the sheriff of the county where the property sits, and the sheriff acts on the request. Filing a false affidavit carries penalties, so be accurate. Verify the exact form, fee, and current requirements with your county sheriff, because procedures and any figures can change.

When you still need a civil eviction or ejectment

The sheriff affidavit is not a cure-all. If the person ever was your tenant, paid rent, had a lease (even an expired one), or is a holdover after a tenancy ended, you are usually back in landlord-tenant territory and must use the court process:

• Eviction: for someone with a tenancy or holdover status, you file in county court under Florida's landlord-tenant law (Chapter 83). It starts with the proper written notice, then a complaint, and ends with a writ of possession executed by the sheriff.
• Ejectment: a separate civil action used when someone occupies property and claims a right to it but never had a landlord-tenant relationship with you. It is filed in circuit court and is slower than the sheriff process.

Either way, never try "self-help": in Florida it is illegal to change the locks, shut off utilities, or remove a person's belongings yourself. That can expose you to damages.

Adverse possession: the 7-year backdrop

Owners often panic that a squatter will "own" the property if they stay long enough. In Florida, adverse possession generally requires 7 years of open, continuous, hostile possession, plus strict conditions—either color of title or, in many cases, paying the property taxes and filing a return with the county property appraiser. A squatter who showed up weeks or months ago meets none of this. Acting promptly is still smart, because delay makes removal messier and lets the occupant gather more "evidence" of residence.

Practical steps for owners

• Document everything: photos, dates, how they got in, and any notice you gave them to leave.
• Determine the category honestly—true intruder, sheriff-removable unlawful occupant, or someone with a tenancy.
• If they qualify under § 82.036, get the county sheriff's verified-complaint form and file it accurately.
• If there is any tenancy history or a colorable claim, file the correct court action instead.
• When the facts are murky or the occupant lawyers up, a Florida real estate or landlord-tenant attorney—or local legal aid—is well worth it before you spend months in the wrong process.