In Florida, the question of whether police can remove squatters is nuanced. While law enforcement officers have a role, they aren't the primary actors in eviction proceedings. This article will clarify the legal process, the police's involvement, and what property owners in Florida need to know about dealing with squatters.
The Role of Law Enforcement in Squatter Removal
Florida law distinguishes between a trespasser and a squatter. A trespasser is someone who enters property without permission. A squatter, however, is someone who occupies a property with the intent to claim it as their own. This distinction is crucial.
Police can remove a trespasser. If you catch someone on your property without permission and they refuse to leave when asked, you can call the police. They will likely issue a trespass warning, and if the individual returns, they can be arrested for trespassing.
However, police generally cannot remove a squatter. Evicting a squatter requires a legal process involving the civil courts. Police officers are not empowered to act as eviction agents. Their involvement is typically limited to maintaining order and preventing violence during a legally sanctioned eviction.
The Legal Process for Evicting Squatters in Florida
Evicting a squatter in Florida follows these steps:
1. Filing an Eviction Lawsuit:
The property owner must file an eviction lawsuit (also called an unlawful detainer action) in the appropriate county court. This lawsuit formally demands that the squatter vacate the premises.
2. Serving the Squatter with Legal Notice:
The squatter must be legally served with a copy of the lawsuit and a summons to appear in court. This process ensures they have formal notification of the legal action against them.
3. Court Hearing:
A court hearing will be held, where the judge will determine whether the squatter has a legal right to occupy the property. If the judge rules in favor of the property owner, the squatter will be ordered to leave.
4. Writ of Possession:
After the court rules in favor of the property owner, the judge issues a writ of possession. This document empowers the sheriff's office to forcibly remove the squatter from the property, if necessary. This is where law enforcement's role becomes significant, but it only happens after the court order.
What Property Owners Should Do
If you discover squatters on your property, it is crucial to:
- Document everything: Take photos and videos of the squatters, any damage to your property, and any evidence of their occupation.
- Do not attempt to remove them yourself: Attempting self-help can lead to legal trouble and potentially dangerous situations.
- Contact an attorney immediately: An experienced Florida real estate attorney can guide you through the legal process of eviction, ensuring your rights are protected.
- Contact the police: If you believe a crime has occurred (theft, vandalism, etc.), or if the squatters are threatening or violent, contact the police immediately.
Key Differences Between Trespassing and Squatting in Florida
| Feature | Trespassing | Squatting |
|---|---|---|
| Intent | No intent to claim ownership | Intent to claim ownership, often long-term |
| Police Action | Police can remove; Trespass warning likely | Police generally cannot remove; Requires court order |
| Legal Process | No formal court process usually required | Requires formal eviction lawsuit (unlawful detainer) |
| Timeframe | Short-term, usually easily resolvable | Long-term, potentially requiring significant legal action |
Disclaimer: This information is for educational purposes only and does not constitute legal advice. If you have a specific legal problem, consult with a qualified attorney in your jurisdiction. Laws concerning squatters and evictions can be complex and vary by state. This information is specific to Florida.
