Florida Squatter's Rights Guide: 2025 Laws, HB 621, and Property Protection

A squatter is someone who occupies a property without the owner's permission and sometimes even claims legal ownership. In Florida, this issue has gained significant attention with the implementation of House Bill 621 in 2024, which substantially changed how unauthorized property occupation is handled in the state.

Florida law states that an individual may attempt to gain title and ownership of a property through adverse possession after residing there long-term for seven years, but this process is significantly impacted by House Bill 621.

If a squatter's entry onto the property was unlawful, HB 621 allows property owners to request expedited removal by law enforcement, potentially preventing the squatter from meeting the continuous residence requirement.

Even if a squatter remains on the property for seven years, they must also meet strict requirements, including open and notorious possession, exclusive control, payment of property taxes, and, in many cases, having "color of title," before they can initiate a legal claim for adverse possession.

Key Takeaways

• Florida requires squatters to occupy property continuously for 7 years before they can file an adverse possession claim
• The new HB 621 law (effective July 1, 2024) allows property owners to request immediate removal of squatters by law enforcement
• Squatters must pay property taxes and typically need a color of title to make a valid adverse possession claim
• Florida now imposes criminal penalties for squatting, ranging from misdemeanors to first-degree felonies
• Regular property inspections and security measures are the best prevention against squatters
• Florida's approach is now significantly more favorable to property owners than many other states

But First... A Squatter Snippet

Meth Island Community: In 2023, Florida officials discovered "Meth Island," where squatters built a four-story treehouse, welcome center, trampoline, and partial swimming pool on an uninhabited island near Port Orange. The settlement contained drug paraphernalia and booby traps, raising safety concerns. This case contributed to Florida passing House Bill 621 in 2024, which created one of America's strictest anti-squatter laws by allowing immediate removal through law enforcement rather than court proceedings.

Understanding Florida Squatter Rights in 2025

In Florida, squatting itself is not legal, though squatters have historically had certain rights through the doctrine of adverse possession. This legal principle allows individuals who occupy abandoned or neglected property without permission to potentially gain legal ownership after meeting specific conditions over a designated period.

It's important to understand the distinction between squatting and trespassing. While trespassing is a criminal offense that involves entering property without permission, squatting typically involves a person living on a property for an extended period without authorization. The distinction becomes important in how law enforcement can respond to each situation.

With the implementation of HB 621, Florida has shifted from treating squatting as a purely civil matter to one with potential criminal implications, substantially strengthening property owners' rights.

Florida Adverse Possession Requirements

For a squatter to claim legal ownership through adverse possession in Florida, they must satisfy several stringent requirements known as the "OCEAN" framework:

Open and Notorious

The occupation must be visible and obvious to anyone, including the rightful owner. This prevents hidden or secretive occupation from qualifying for adverse possession. The squatter must live openly as if they were the rightful owner.

Continuous

The squatter must occupy the property continuously for 7 years without interruption. Any temporary abandonment resets the clock on the adverse possession claim. This seven-year timeframe is longer than many other states require.

Exclusive

The possession must be exclusive, meaning the squatter cannot share the property with others, including the rightful owner. The squatter must have sole control over the property.

Actual

The squatter must physically occupy the property and treat it as their own. This includes maintaining the property, making improvements, or otherwise demonstrating actual possession. Simply claiming the property without physical occupation is insufficient.

Hostile

In legal terms, "hostile" does not imply aggression but rather indicates that the occupation is without the owner's permission and against their rights. This can include situations where the squatter honestly believes they have a right to the property due to a misunderstanding or error.

Beyond these five fundamental requirements, Florida law imposes additional conditions:

• The squatter must pay all property taxes for the property during the 7-year period
• They must make improvements to, cultivate, or protect the property
• In many successful cases, they must have a "color of title" - a document that appears to give them ownership but contains a legal defect

Florida's HB 621: The Game-Changing Squatter Law

On March 27, 2024, Governor Ron DeSantis signed House Bill 621 into law, representing the most significant change to Florida's squatting laws in recent history. This legislation, which went into effect on July 1, 2024, fundamentally transformed how unauthorized property occupation is addressed in the state.

Key Provisions of HB 621:

1. Expedited Removal Process: Property owners can request immediate removal of squatters by local law enforcement under specific conditions:
   • The individual has unlawfully entered and remains on the property
   • The individual has been directed to leave but has refused
   • The person is not a current or former tenant involved in a legitimate legal dispute
2. Criminal Penalties: The law establishes graduated penalties for squatting-related activities:
   • Making false statements to obtain property: first-degree misdemeanor
   • Causing property damage exceeding $1,000: second-degree felony
   • Advertising unauthorized sale/rental of property: first-degree felony
3. Law Enforcement Role: Local sheriff's offices can now directly remove squatters after verifying the property owner's complaint, eliminating the need for lengthy civil court proceedings in many cases.
4. Protection for Legitimate Tenants: The law explicitly excludes current or former tenants involved in legal disputes from the expedited removal process, preserving tenant protections while addressing unauthorized occupation.

This legislation represents a decisive response to increasing concerns about squatting incidents throughout Florida. While maintaining the legal concept of adverse possession, the law creates clear pathways for property owners to remove unauthorized occupants without enduring prolonged civil proceedings.

How Florida's Approach Differs From Other States

Florida's approach to squatter rights has evolved to become one of the most property-owner friendly in the nation, particularly after the passage of HB 621. It has also inspired other states to start passing similar measures, including Arkansas, the most recent state to update their squatters rights laws.

Here's how Florida compares to other states:

Adverse Possession Timeframes

Enforcement Approaches

Unlike most states that still treat squatting primarily as a civil matter requiring court proceedings, Florida's HB 621 creates a direct pathway for law enforcement involvement (similar to both Alabama and the new Texas squatters rights laws). This represents a significant shift toward treating unauthorized occupation as a potential criminal matter rather than solely a property dispute.

States like California and New York still typically require property owners to go through lengthy eviction processes even for clear cases of squatting. In contrast, Florida now enables sheriffs to verify ownership claims and remove unauthorized occupants directly in many cases.

Criminal vs. Civil Treatment

Florida has taken the bold step of establishing clear criminal penalties for squatting activities, with charges ranging from misdemeanors to felonies depending on the circumstances. Most other states still primarily address squatting through civil remedies, with criminal charges typically limited to associated activities like breaking and entering or property damage.

Legislative Trends

Following Florida's lead, several states including Texas, Georgia, and Tennessee are considering similar legislation to streamline the removal of unauthorized occupants and establish stronger criminal penalties. Florida appears to be at the forefront of a national trend toward strengthening property owners' rights against squatters.

The differences highlight Florida's commitment to protecting property rights through a multi-faceted approach that combines traditional adverse possession doctrine with enhanced enforcement mechanisms and criminal deterrents.

How to Prevent Squatters in Florida Properties

Prevention remains the most effective strategy for property owners. Here are key preventive measures to protect your property from squatters:

Regular Property Inspections

• Visit vacant properties regularly or hire a property management company to conduct routine inspections
• Document the condition of the property with dated photographs
• Maintain landscaping and exterior appearance to show active ownership

Security Systems and Monitoring

• Install visible security cameras and alarm systems
• Consider smart home security that provides remote monitoring capabilities
• Use motion-activated lighting around the property perimeter
• Install sturdy locks, security doors, and window reinforcements

Property Maintenance

• Keep utilities active but on minimum service levels for vacant properties
• Maintain landscaping and exterior appearance
• Collect mail regularly or have it forwarded
• Schedule timed interior lighting to create the appearance of occupation

Documentation and Signage

• Post "No Trespassing" signs prominently on the property
• Maintain comprehensive documentation of ownership
• Consider filing a "Declaration of Use" with your county property appraiser
• Maintain records of all property taxes paid and improvements made

Community Involvement

• Inform neighbors about vacant properties and ask them to report suspicious activity
• Join neighborhood watch programs
• Consider hiring a house-sitting service for extended absences

Professional Management

• Retain a property management company for vacant properties
• Consider short-term rentals if appropriate for your property
• Ensure quick tenant placement to minimize vacancy periods

These preventive measures not only deter potential squatters but also help establish a clear record of active ownership that can prove invaluable if adverse possession claims arise.

Legal Process for Removing Squatters in Florida

If prevention fails and you discover squatters occupying your property, Florida's new law provides a more streamlined process for removal:

Under the New HB 621 Process:

1. Document Ownership: Gather proof of property ownership such as deed, property tax records, mortgage statements, or other official documentation.
2. File a Verified Complaint: Submit a detailed complaint to the local sheriff's office, including:
   • Proof of ownership
   • Description of the unauthorized occupants
   • Statement that the occupants entered unlawfully
   • Confirmation that the occupants have been asked to leave but refused
   • Verification that the occupants are not current or former tenants in a legal dispute
3. Law Enforcement Verification: The sheriff's office will verify your ownership claim and determine if the situation qualifies for immediate removal under HB 621.
4. Removal Notice: If verified, law enforcement will serve notice to the unauthorized occupants requiring them to vacate, typically with a 24-hour timeframe.
5. Physical Removal: If the squatters fail to vacate, law enforcement can physically remove them from the property.
6. Secure the Property: Once squatters are removed, immediately secure the property to prevent reoccupation.

Traditional Eviction Process (if HB 621 doesn't apply):

If the situation doesn't qualify for the expedited process under HB 621 (for example, if the occupants were previously authorized tenants), you may need to pursue a traditional eviction:

1. Serve an Eviction Notice: Provide a written notice to vacate in accordance with Florida landlord-tenant law.
2. File an Unlawful Detainer Lawsuit: If they don't leave, file a lawsuit with the county court.
3. Attend Court Proceedings: Present your case to the judge.
4. Obtain a Writ of Possession: If successful, the court will issue this document.
5. Sheriff's Execution: The sheriff will post the writ and return to remove the occupants if they don't leave voluntarily.

The new HB 621 process significantly reduces the time and cost associated with removing unauthorized occupants in qualifying cases, providing substantial benefits to Florida property owners.

Landlord Rights and Responsibilities

As a property owner in Florida, you have specific rights and responsibilities regarding squatters:

Rights:

• Request immediate removal of unauthorized occupants under HB 621
• Pursue traditional eviction procedures if expedited removal isn't applicable
• Seek damages for property destruction or unauthorized modifications
• File trespassing charges in appropriate circumstances
• Maintain and protect your property from unauthorized entry

Responsibilities:

• Follow legal procedures for removal rather than attempting "self-help" evictions
• Distinguish between squatters and legitimate tenants with legal disputes
• Properly document ownership and unauthorized occupation
• Pay appropriate fees for sheriff's services when utilizing HB 621 procedures
• Secure property after removal to prevent reoccupation

Understanding these rights and responsibilities helps ensure that you address squatter situations legally and effectively while avoiding potential liability for improper removal procedures.

Tenant vs. Squatter: Legal Distinctions

It's crucial to understand the legal difference between a tenant and a squatter, as the removal processes differ significantly:

Tenants:

• Have lawful permission to occupy the property through a formal or informal agreement
• Pay rent (though may be behind on payments)
• Have established rights under Florida landlord-tenant laws
• Must be removed through formal eviction proceedings, not the HB 621 process
• Include former tenants whose leases have expired but continue to occupy the property

Squatters:

• Never had lawful permission to occupy the property
• Entered the property without authorization
• Pay no rent and have no rental agreement
• Can potentially be removed through the expedited HB 621 process
• Have no legitimate claim to tenancy rights

Key Distinctions in Documentation:

• Tenants have lease agreements, rent receipts, or evidence of payment
• Squatters typically cannot produce legitimate documentation of occupancy rights
• Property owners should maintain records that clearly establish who is authorized to occupy their properties

Properly identifying whether an occupant is a tenant or squatter is essential for determining the appropriate legal process for removal and avoiding potential legal complications.

Legal Help for Florida Property Owners

Navigating squatter situations may require professional legal assistance. Here are resources for Florida property owners:

Types of Legal Professionals:

• Real Estate Attorneys: Specialize in property law and can guide you through removal processes
• Property Management Companies: Often have legal departments experienced in handling unauthorized occupants
• Eviction Services: Specialized companies that manage the eviction process for a fee

Cost Expectations:

• Legal consultation: $200-500 per hour
• Unlawful detainer filing: $300-500 plus court costs
• Complete eviction services: $1,000-2,500 depending on complexity
• Sheriff's fees for HB 621 enforcement: Varies by county

Timeline Considerations:

• HB 621 process: Potentially as quick as 24-48 hours after verification
• Traditional eviction: 3-6 weeks depending on court scheduling and tenant response
• Adverse possession defense: Several months if litigation is required

Resources and Referrals:

• Florida Bar Association Referral Service: 800-342-8011
• County Property Appraiser's Office
• Local Sheriff's Office
• Florida Department of Revenue (for adverse possession filings)

Consulting with a qualified attorney early in the process can help prevent costly mistakes and ensure you follow the proper legal procedures for your specific situation.

Case Studies: Florida Squatter Situations Resolved

Case 1: Vacation Home in Naples

Situation: John and Mary owned a vacation home in Naples that they visited twice yearly. During a six-month absence, they discovered someone had moved in, changed the locks, and claimed to have a lease (which was fraudulent).

Resolution: Using the new HB 621 process, they filed a verified complaint with the Collier County Sheriff's Office, providing their deed and tax records as proof of ownership. After verification, the sheriff served notice to the squatters, who vacated within 24 hours rather than face criminal charges.

Lesson: Regular property checks might have prevented the occupation, but the new law enabled quick resolution without court proceedings.

Case 2: Inherited Property in Orlando

Situation: Sarah inherited a property from her grandfather but delayed visiting for eight months while handling estate matters. When she finally visited, she found a family living there who claimed they had been there for over a year and were working toward adverse possession.

Resolution: Sarah hired an attorney who determined the occupation had been less than the required seven years. They discovered the occupants had not paid property taxes or filed the required adverse possession paperwork with the Department of Revenue. Using documentation from the probate court and tax records, they followed the HB 621 process, resulting in the squatters' removal by the Orange County Sheriff's Office.

Lesson: Prompt attention to inherited properties and documentation of ownership transitions are essential to prevent squatter claims.

Case 3: Investment Property in Jacksonville

Situation: A property investment company purchased a foreclosed home and planned renovations. Before work began, squatters occupied the property and refused to leave, causing significant damage.

Resolution: The company documented the recent purchase with closing documents and property records. They filed a criminal complaint based on the property damage (exceeding $1,000), triggering both the HB 621 removal process and criminal charges against the squatters. The squatters were removed and subsequently faced second-degree felony charges under the new law.

Lesson: Immediate action and documentation of property damage strengthened the case and resulted in both removal and potential criminal consequences for the squatters.

These cases illustrate how Florida's new approach to squatter removal has provided property owners with more efficient remedies while still maintaining legal processes that protect legitimate tenants.

Frequently Asked Questions

General Squatter Rights Questions

Q: What are squatter's rights in Florida?
A: Squatter's rights refer to adverse possession laws that potentially allow someone to claim ownership of property after occupying it openly, continuously, and without permission for seven years while meeting specific legal requirements.

Q: Is squatting illegal in Florida?
A: Yes, unauthorized occupation of property is illegal in Florida. The new HB 621 law establishes clear criminal penalties for squatting activities, ranging from misdemeanors to felonies depending on the circumstances.

Q: How long does someone have to squat on property in Florida to claim ownership?
A: In Florida, a squatter must continuously occupy a property for seven years before they can file an adverse possession claim. They must also meet several other requirements, including paying property taxes.

Q: Do squatters have to pay property taxes in Florida?
A: Yes. To make a valid adverse possession claim in Florida, squatters must pay all property taxes during their occupation period and file a return with the county property appraiser.

Prevention and Removal

Q: How can I prevent squatters from occupying my property?
A: Regular property inspections, security systems, property maintenance, "No Trespassing" signs, and professional property management are effective prevention strategies.

Q: How do I remove squatters from my property in Florida?
A: Under HB 621, property owners can file a verified complaint with the local sheriff's office for immediate removal if the occupants entered unlawfully and have refused to leave. If this doesn't apply, traditional eviction procedures must be followed.

Q: Can I physically remove squatters myself?
A: No. Self-help evictions are illegal in Florida. Property owners must use legal processes, either through HB 621 or formal eviction procedures, to remove unauthorized occupants.

Q: Can I turn off utilities to force squatters to leave?
A: No. Turning off utilities is considered a self-help eviction tactic and is illegal in Florida. This could potentially expose you to legal liability.

Legal Implications

Q: What is the new law in Florida about squatters (HB 621)?
A: HB 621, effective July 1, 2024, allows for expedited removal of squatters by law enforcement and establishes criminal penalties for unauthorized occupation of residential property.

Q: How does Florida's approach to squatters differ from other states?
A: Florida's 7-year requirement is longer than some states (like California's 5 years) but shorter than others (like Georgia's 20 years). Florida's new law is more property-owner friendly than most states by establishing criminal penalties and expedited removal processes.

Q: What's the difference between a squatter and a trespasser?
A: Trespassing is a temporary unauthorized entry, while squatting involves sustained occupation of a property. Trespassing is immediately addressed as a criminal matter, while squatting has historically been treated as a civil issue (though this is changing under HB 621).

Q: Can squatters be charged with a crime in Florida?
A: Yes. Under HB 621, squatters can face criminal charges ranging from misdemeanors to felonies depending on their actions, including making false statements, causing property damage, or fraudulently advertising property for rent or sale.

Special Situations

Q: What if the squatter was previously a tenant?
A: If the occupant was previously a legitimate tenant, they must be removed through traditional eviction procedures rather than the expedited HB 621 process.

Q: What if I'm buying a property with squatters already living there?
A: The purchase should be contingent on the removal of unauthorized occupants. The current owner should complete the removal process before closing, or you should consult with an attorney about assuming this responsibility.

Q: What if squatters damage my property?
A: Document all damage with photographs and detailed descriptions. Under HB 621, causing property damage exceeding $1,000 can result in second-degree felony charges. You may also pursue civil remedies for financial compensation.

Q: What properties are most likely to attract squatters?
A: Vacant, abandoned, or foreclosed properties are most vulnerable, particularly those that appear unmonitored or neglected. Vacation homes and investment properties that sit empty for extended periods are also at higher risk.

Conclusion

Florida's approach to squatter's rights has evolved significantly, with House Bill 621 representing a transformation that strengthens property owners' rights while maintaining the historical legal doctrine of adverse possession under strictly defined circumstances.

The seven-year timeframe for adverse possession claims remains in place, but the new criminal penalties and expedited removal processes make successful adverse possession significantly more challenging to achieve. Property owners now have greater certainty and more efficient remedies against unauthorized occupation.

For property owners, the keys to protecting your investment include:

1. Regular monitoring and maintenance of properties
2. Prompt action if unauthorized occupants are discovered
3. Following legal procedures rather than self-help eviction measures
4. Maintaining comprehensive documentation of ownership and property conditions
5. Considering professional property management for vacant properties

By understanding Florida's squatter rights laws and taking preventive measures, property owners can significantly reduce their risk of unauthorized occupation and potential adverse possession claims.

Resources and References

• Florida Statutes § 95.18: Adverse Possession
• House Bill 621 (2024): Property Rights
• Florida Department of Revenue: Adverse Possession Guidelines
• Florida Bar Association: Property Rights Resources
• County Property Appraiser's Offices: Adverse Possession Filings
• Local Sheriff's Offices: HB 621 Enforcement Procedures

Disclaimer: This article provides general information and does not constitute legal advice. Consult with a qualified attorney for guidance on your specific situation.