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Committee approves nonjudicial removal process for unauthorized occupants of commercial property
Summary
Senate Bill 322, which would create a nonjudicial procedure allowing county sheriffs to remove unauthorized persons from commercial property and adds explicit authorization for sheriffs to use reasonably necessary force in complaint forms, was reported favorably after two amendments were adopted.
The Judiciary Committee reported favorably on Senate Bill 322, a bill by Senator Rodriguez that would create a nonjudicial procedure for property owners to request that the county sheriff remove an unauthorized person from commercial real estate.
Senator Rodriguez, the sponsor, said the measure parallels existing law for residential property and extends a similar, expedited removal process to commercial properties: "This bill creates a nonjudicial procedure for a property owner to request that the county sheriff immediately remove an unauthorized person from commercial real estate property."
The committee adopted two amendments (barcode 188398 and barcode 696666), each of which added to the complaint form an express authorization for the sheriff to use "reasonably necessary force to enter the property, search the property, and remove any unauthorized persons," and corrected cross references to penalties and perjury. The amendments were adopted without recorded debate. The Florida Realtors Association (JP Bell) filed an appearance form and waived in support.
On the roll call the committee recorded nine yays and zero nays. The committee reported the committee substitute for SB 322 favorably and the bill advances with the committee recommendation.
