Limited alternative remedy to remove unauthorized persons from commercial real property.

(1) A property owner or his or her authorized agent may request from the sheriff of the county in which the owner’s commercial real property is located the immediate removal of any person or persons unlawfully occupying the commercial real property pursuant to this section if all of the following conditions are met:

(a) The requesting person is the property owner or authorized agent of the property owner.

(b) The real property that is being occupied includes commercial property.

(c) An unauthorized person or persons have unlawfully entered and remain in or continue to occupy the property owner’s commercial real property.

(d) The commercial real property was not open to members of the public at the time the unauthorized person or persons entered.

(e) The property owner has directed the unauthorized person or persons to leave the commercial real property.

(f) The unauthorized person or persons are not current or former tenants pursuant to a written or an oral rental agreement authorized by the property owner.

(g) There is no litigation related to the commercial real property pending between the property owner and any known unauthorized person.

(2) To request the immediate removal of an unlawful occupant of commercial real property, the property owner or his or her authorized agent must submit a complaint by presenting a completed and verified Complaint to Remove Persons Unlawfully Occupying Commercial Real Property to the sheriff of the county in which the real property is located. The submitted complaint must be in substantially the following form:

COMPLAINT TO REMOVE PERSONS UNLAWFULLY

OCCUPYING COMMERCIAL REAL PROPERTY

I, the owner or authorized agent of the owner of the commercial real property located at (address of property) , declare under penalty of perjury that (initial each box):

1. ________ I am the owner of the commercial real property or the authorized agent of the owner of the commercial real property.

2. ________ I purchased the commercial real property on (date of purchase) .

3. ________ An unauthorized person or persons have unlawfully entered and remain on the commercial real property.

4. ________ The commercial real property was not open to members of the public at the time the unauthorized person or persons entered.

5. ________ I have directed the unauthorized person or persons to leave the commercial real property, but they have not done so.

6. ________ The unauthorized person or persons are not current or former tenants pursuant to any valid lease authorized by me or one of my agents, and any lease that may be produced by an occupant is fraudulent.

7. ________ The unauthorized person or persons sought to be removed are not owners or co-owners of the commercial real property and have not been listed on the title to the commercial real property unless the person or persons have engaged in title fraud.

8. ________ There is no litigation related to the commercial real property pending between any person sought to be removed and myself or my agent.

9. ________ I understand that any person removed from the commercial real property pursuant to this procedure may bring a cause of action against me for any false statements made in this complaint, or for wrongfully using this procedure, and that as a result of such action I may be held liable for actual damages, penalties, costs, and reasonable attorney fees.

10. ________ I request that the sheriff immediately remove the unauthorized person or persons from the commercial real property. I authorize the sheriff to enter the property using reasonably necessary force, to search the property, and to remove any unauthorized person or persons.

11. ________ A copy of my valid government-issued identification is attached, or I am an agent of the property owner, and documents evidencing my authority to act on the property owner’s behalf are attached.

I HAVE READ EVERY STATEMENT MADE IN THIS COMPLAINT, AND EACH STATEMENT IS TRUE AND CORRECT. I UNDERSTAND THAT THE STATEMENTS MADE IN THIS COMPLAINT ARE BEING MADE UNDER PENALTY OF PERJURY, PUNISHABLE AS PROVIDED IN SECTION 92.525, FLORIDA STATUTES.

(Signature of the Property Owner or Agent of Owner)

(3) Upon receipt of the complaint, the sheriff shall verify that the person submitting the complaint is the record owner of the commercial real property or the authorized agent of the owner and appears otherwise entitled to relief under this section. If verified, the sheriff must, without delay, serve a notice to vacate immediately on any unlawful occupant or occupants and must put the owner in possession of the commercial real property. Service of the notice may be accomplished by hand delivery to an unlawful occupant or occupants or by posting the notice on the front door or entrance of the commercial real property. The sheriff shall also attempt to verify the identities of all persons occupying the commercial real property and note their identities on the return of service. If appropriate, the sheriff may arrest any person found in the commercial real property for trespass, outstanding warrants, or any other legal cause.

(4) The sheriff is entitled to the same fee for service of the notice to vacate immediately as if the sheriff were serving a writ of possession under s. 30.231. After the sheriff serves the notice to vacate immediately, the property owner or authorized agent may request that the sheriff stand by to keep the peace while the property owner or agent of the owner changes the locks and removes the personal property of the unauthorized person or persons to or near the property line. When such a request is made, the sheriff may charge a reasonable hourly rate, and the person requesting the sheriff is responsible for paying such hourly rate. The sheriff is not liable to the unauthorized person or persons or any other party for the loss or destruction of, or damage to, their personal property. The property owner or his or her authorized agent is not liable to an unauthorized person or persons or any other party for the loss or destruction of, or damage to, their personal property unless the removal was not in accordance with this section.

(5) A person may bring a civil cause of action for wrongful removal under this section. A person harmed by a wrongful removal under this section may be restored to possession of the commercial real property and may recover actual costs and damages incurred, statutory damages equal to triple the fair market rent of the commercial real property, court costs, and reasonable attorney fees. The court shall advance the cause on the calendar.

(6) This section does not limit the rights of a property owner or limit the authority of a law enforcement officer to arrest any unauthorized person for trespassing, vandalism, theft, or other crimes.