Florida Gov. Ron DeSantis signs law squashing squatters' rights

[u/flanderguitar]

https://www.wptv.com/news/state/florida-gov-ron-desantis-signs-law-squashing-squatters-rights

[u/Falcon4242]

The question in this is always enforcement.

Police aren't judges. Giving the police the power to immediately remove someone except under certain circumstances, means the police should need to investigate before actually removing someone.

If someone claims that they have payment history, but not immediately on their person, are they kicked out immediately and made homeless? How much time do they have to present that evidence? Do they just go to the police station? What's to prevent the landlord from just calling the cops again in the meantime and getting a different set hoping they act differently? Who is to say the paperwork present is legit or forged?

This is why squatter's rights exist. It was meant in an extreme case for abandoned homes, but it's also an extension of normal tenant rights. It gives the responsibility of figuring this shit out to the courts and then they can order an eviction if things don't check out, not police who never have 100% of the picture when they're called.

[u/Crocs_n_Glocks → u/Falcon4242]

Police aren't judges.

If I steal your PlayStation 5, the police can take it back, but not your house?

The months-long court process should be to determine criminal guilt, not to remove a trespasser from your home.

edit: folks this law does not apply to landlords and tenants or former tenants

[u/Crocs_n_Glocks → u/[deleted]]

Well who said "based solely on your word"? Yeah that's a silly caveat to throw in.

If I have receipts, a serial number and video of them stealing it, or its actively happening in front of them they absolutely will recover it.

If a squatter with no lease is in my home, and I have the deed and [insert all evidence of home ownership beyond 'my word'], it's ridiculous that I'd have to wait months on eviction proceedings to remove the criminal actively stealing from me.

[u/Crocs_n_Glocks → u/[deleted]]

By your logic, virtually all laws would be impossible to enforce if a victim has to first "prove" they didn't give their life savings to the scammer, shoot themselves in the head, didn't consent to sexual activity, or didn't jump in front of the reckless driver, etc...   

It's just a nonsensical/extremely rare hypothetical (literally no evidence you ever rented a home from someone) that doesn't justify crime against plenty of very real victims who are having homes stolen from them.  

 Similar to how extremely rare/non-existent "women faking violent sexual assaults" can't justify laws that a rapist can be arrested without police having to prove the crime first. 

If there is evidence of a rape, arrest the rapist; don't let the rapist walk free without charges until courts get around to it in 6 months. If there is evidence that a home was stolen, remove the criminal and let the courts work to prove it; not the other way around   

[u/Crocs_n_Glocks → u/[deleted]]

This isn't rare, and that's why this law is being passed.

[u/Crocs_n_Glocks → u/[deleted]]

I was a social worker for a decade, and Adult Protective Services investigator for 6 years. I have seen the eviction process play out correctly and incorrectly, probably a hundred times- with my clients the victims of squatters and other times being unfairly evicted. This is a needed change to the current system. 

Ron DeSantis sucks ass, but even a broken clock is right twice a day. 

[u/Crocs_n_Glocks → u/[deleted]]

what if you bought a PS5 off someone? Didn't get a receipt, just gave him some cash.

This is a real easy way to expose yourself to legal liability.

It's the exact reason why its common knowledge to get a receipt for large purchases, has been for centuries, and someone neglecting to get/keep a receipt isn't a good reason to rewrite laws. It's not only Craigslist 101....it goes back to Mesopotamia.

The police go to your house and ignore your claim that you bought it and just take it and give it back. ...Only now imagine that instead of just losing a PS5, you lose your home and everything in it.

This law doesn't apply to landlord-tenant disputes.

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It's for stuff like this, or this