Hobos–Library of Congress
The text is a bit lengthy, but I have pasted in the new Florida State Statute 82.045, which allows a law enforcement officer to remove transient occupants from a home at the owner’s request. This has been gray area for the police when confronted with ejecting an unwanted guest from a dwelling where they had taken up temporary residence. Generally, it has been practice to treat as a civil matter and tell the homeowner that they must start a lengthy eviction procedure to remove the persona non grata.
The statute addresses factors a LEO may use to determine if a subject is a transient occupant, procedures for their removal, and protection for the good faith use of this statute by officers. Civil remedies are notated at the end of the statute.
Understandably, this situation has, up until now, frustrated well-meaning complainants. I believe that the new law, signed by the Governor two weeks ago, will alleviate the problem of someone’s buddy becoming their bestist squatter. This statute makes it a criminal trespass to remain on site after warning and is therefore arrestable on view. The new law takes effect on July 1. 2015.
Randall
An act relating to unlawful detention by a transient occupant; creating s. 82.045, F.S.; defining the term “transient occupant”; providing factors that establish a transient occupancy; providing for removal of a transient occupant by a law enforcement officer; providing a cause of action for wrongful removal; limiting actions for wrongful removal; providing a civil action for removal of a transient occupant; providing an effective date.
Be It Enacted by the Legislature of the State of Florida: Section 1. Section 82.045, Florida Statutes,is created to read: 82.045
Remedy for unlawful detention by a transient occupant of residential property.—
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