Can a squatter take over a vacant Space Coast second home in Florida?

Florida's 2024 squatter law lets a Brevard County owner ask the sheriff to remove unauthorized occupants quickly by filing a sworn complaint, if every condition in Fla. Stat. 82.036 is met.

A lot of Space Coast homes sit empty for months at a time. Snowbirds head north for the summer, investors wait between tenants, and relocation buyers sometimes close on a Melbourne or Merritt Island house months before the moving truck shows up. An empty house is exactly where the squatter question comes up.

Florida changed the rules in 2024. Here is what the law actually says, what it costs, where the risks are, and the simple habits that keep a vacant Brevard County home from becoming a problem.

What is Florida's squatter law?

The law is CS/CS/HB 621, the 2024 "Property Rights" bill. According to the Florida House final bill analysis, it took effect July 1, 2024 and created a new statute, Fla. Stat. 82.036, a limited alternative remedy to remove unauthorized persons from residential real property.

Before this law, many owners had to go through a court eviction to remove someone who claimed a right to stay. The new process lets a property owner, or an authorized agent, go straight to the sheriff of the county where the property sits. For a home in Melbourne, Cocoa Beach, Viera, or anywhere in Brevard County, that is the Brevard County Sheriff's Office.

What conditions must a Brevard County owner meet?

The fast track is narrow on purpose. The current text of Fla. Stat. 82.036 requires all of the following:

  • The person asking is the property owner or the owner's authorized agent.
  • The property includes a residential dwelling.
  • The occupants unlawfully entered and remain or continue to reside there.
  • The property was not open to members of the public when they entered.
  • The owner directed them to leave.
  • The occupants are not current or former tenants under a rental agreement authorized by the owner.
  • The occupants are not immediate family members of the owner.
  • There is no pending litigation about the property between the owner and the occupants.

If any one of those fails, for example a former tenant who stopped paying, this process does not apply and you are back to a regular eviction.

How does the sheriff removal process work?

The owner submits a completed and verified "Complaint to Remove Persons Unlawfully Occupying Residential Real Property" to the sheriff, signed under penalty of perjury. The form language is written right into the statute. Once the complaint checks out, the sheriff serves a notice to immediately vacate on the occupants and puts the owner back in possession.

The Brevard County Sheriff's Office does not have a dedicated squatter page that I could find. Contact the Brevard County Sheriff's Office civil process staff to ask how it accepts these complaints.

What does it cost to use Florida's squatter law?

Item What the statute says
Sheriff service fee Same fee as serving a writ of possession under Fla. Stat. 30.231 (the 2024 House analysis put it at $90)
Sheriff standing by A reasonable hourly rate if the owner asks the sheriff to keep the peace while belongings are removed
Wrongful removal risk The occupant can sue; damages include triple the fair market rent, plus costs and attorney fees

That last row is the important one. If you use this process on someone who actually had a right to be there, the financial exposure is real. When in doubt, talk to a Florida attorney before filing.

What penalties did HB 621 create for squatters?

The House analysis lists new criminal penalties:

  • Unlawfully occupying or trespassing in a dwelling and intentionally causing at least $1,000 in damage is a second-degree felony.
  • Using a false document claiming to be a valid lease or deed is a first-degree misdemeanor.
  • Fraudulently listing residential property for sale, rent, or lease is a first-degree felony.

That third item is aimed at the rental scams where someone "rents" out a home they do not own. It is one more reason absentee Space Coast owners should keep an eye on their property records.

Can a squatter claim adverse possession of a Brevard County home?

Adverse possession is a separate, much harder path. Under Fla. Stat. 95.18, a person without color of title needs actual continued possession for 7 years, must pay all outstanding taxes within 1 year of entering, must file a return with the property appraiser (BCPAO here) within 30 days after that, and must keep paying the taxes every year. The property appraiser mails a copy of that return to the owner of record. An owner who pays their own taxes and opens their mail is in a strong position.

How do you protect a vacant Space Coast second home?

  • Sign up for the Brevard Clerk's free property fraud alerts so you hear about documents recorded on your property. I walked through that in Property Fraud Alerts in Brevard County.
  • Have someone local check the house on a set schedule, and give them written authority to act as your agent.
  • Keep your mailing address current with the property appraiser so any adverse possession return actually reaches you.
  • Post no-trespassing signs and keep the property looking lived in with lawn care and working exterior lights.

If you are buying a seasonal place, my Snowbird Guide to Buying a Second Home on Florida's Space Coast covers the rest of the setup.

FAQ: Squatters and Space Coast Homes

How does the sheriff remove squatters in Brevard County?

Under Fla. Stat. 82.036, the owner gives the Brevard County Sheriff's Office a verified complaint. The sheriff then serves a notice to immediately vacate on the occupants and puts the owner back in possession.

Does Florida's squatter law apply to former tenants?

No. If the occupant is a current or former tenant under a lease the owner authorized, the owner has to use the regular eviction process instead.

Has Florida's squatter law changed since 2024?

The statute was amended in 2025 and 2026, but those changes corrected a cross-reference and conformed the complaint form to standard style. The conditions, fees, and penalties stayed the same.

Own a Space Coast home that sits empty part of the year, or thinking about buying one in Melbourne, Merritt Island, or Cocoa Beach? My partner Nichole and I got your back. Reach out anytime at (321) 212-7676 or www.livingspacecoast.com.