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Policy

Florida lawmakers introduce bill allowing law enforcement to forcibly remove squatters

APB Team Published January 9, 2024 @ 3:00 pm PST

iStock.com/timnewman

In an effort to save property owners from falling victim to squatters, Florida lawmakers have proposed new legislation to abolish squatters’ rights and close legal loopholes that protect squatters, allowing law enforcement to treat them as criminal trespassers.

House Bill 621, sponsored by Republican Florida state Representative Kevin Steele, aims to close a critical gap that has allowed squatters to exploit unsuspecting property owners across the state for years.

The impetus for the bill stems from the widely publicized case of Jacksonville resident Patti Peeples, who faced extensive damages amounting to nearly $40,000 when squatters occupied her property for 34 days earlier this year.

The squatters, armed with a fraudulent lease, claimed legal rights to stay, leaving Peeples with limited recourse.

According to police records, one of the squatters claimed they were the victims of a rental scam, a common tactic used by squatters to buy time.

“These squatters know the laws better than most attorneys do, and they use them to their advantage, and the police are absolutely hamstrung,” Peeple told Fox News earlier this year.

Peeples went on to explain the issue.

“They know that this is a civil matter. The police have absolutely no right to remove these squatters and treat them as criminals, as individuals that have broken in or trespassed, and they simply throw up their hands and say, ‘You need to go through this civil court system and evict them,’” she said.

In the Peeples case — and many others — law enforcement officers are well aware of such instances of exploitation but are powerless to stop it.

“I want to be straightforward, completely honest with you and frank. You’re being scammed for your home,” a responding officer told Peeples in a body camera video.

Steele’s proposed bill, therefore, seeks to provide immediate relief to property owners by empowering law enforcement to evict unwanted squatters.

If passed, law enforcement would have the authority to remove squatters if they cannot produce a notarized lease from the landowner or evidence of rent payments.

Additionally, the bill imposes penalties on individuals providing fraudulent documentation, subjecting them to criminal charges.

Peeples, who became a prominent figure in the fight against squatter exploitation, expressed her gratitude for the proposed legislation.

“I pursued this bill because I saw the impact that it had on Patti and as well as others in the state,” Steele explained.

The bill, filed in November, also aims to abolish squatters’ rights in Florida, a provision that allows individuals to claim ownership of a property after possessing it for seven years.

This move comes as part of a broader effort to curb the growing problem of squatters victimizing homeowners across the United States.

The prevalence of squatters using fake leases and manipulating the law to remain in others’ homes has become a significant challenge for both property owners and law enforcement.

Jim Burling, vice president of legal affairs for Pacific Legal Foundation, acknowledged the complexity of the issue.
“If somebody is living in a home and saying, ‘Hey, I signed a lease, I’m paying rent, I have a right to be here,’ whether or not that’s true, the police officer can’t make that legal determination.”

Peeples, who faced weeks of legal struggles during the ordeal, welcomed the proposed legislation, noting its potential to empower property owners and bring about crucial policy changes.

“It feels really, really empowering. And that’s a particularly important emotion to me because the entire situation the squatters were in was the opposite of that. I was completely unempowered to manage my home and my investment. And so, this the chance to actually make a legal change, policy change feels very empowering,” Peeples said.

The bill is currently under consideration.

Categories: Policy Tags: loophole, squatter’s rights, property owner, Patti Peeples, Florida, legislation, property damage, fraud, trespassing, scam

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