Florida Statute 82.1 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER

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F.S. 82.01

82.01 Definitions.—As used in this chapter, the term:

(1) “Forcible entry” means entering into and taking possession of real property with force, in a manner that is not peaceable, easy, or open, even if such entry is authorized by a person entitled to possession of the real property and the possession is only temporary or applies only to a portion of the real property.

(2) “Real property” means land or any existing permanent or temporary building or structure thereon, and any attachments generally held out for the use of persons in possession of the real property.

(3) “Record titleholder” means a person who holds title to real property as evidenced by an instrument recorded in the public records of the county in which the real property is located.

(4) “Unlawful detention” means possessing real property, even if the possession is temporary or applies only to a portion of the real property, without the consent of a person entitled to possession of the real property or after the withdrawal of consent by such person.

(5) “Unlawful entry” means the entry into and possessing of real property, even if the possession is temporary or for a portion of the real property, when such entry is not authorized by law or consented to by a person entitled to possession of the real property.

History.—s. 1, ch. 1630, 1868; RS 1687; GS 2152; RGS 3456; CGL 5309; s. 33, ch. 67-254; s. 2, ch. 2018-94.

F.S. 82.01 on Google Scholar

F.S. 82.01 on CourtListener

Amendments to 82.01

Annotations, Discussions, Cases:

Cases Citing Statute 82.01

Total Results: 8

Safeway Stores, Incorporated, Cross-Appellee v. Safeway Discount Drugs, Inc., Cross-Appellant

675 F.2d 1160, 216 U.S.P.Q. (BNA) 599, 1982 U.S. App. LEXIS 19419

Court of Appeals for the Eleventh Circuit | Filed: May 10, 1982 | Docket: 363125

Cited 107 times | Published

additional feature.” 3 R. Callman, supra. § 82.1(i), at 722. Here, as we have noted, the word Safeway

Campbell v. Gordon

674 So. 2d 783, 1996 WL 199702

District Court of Appeal of Florida | Filed: Apr 26, 1996 | Docket: 1661826

Cited 5 times | Published

performance has arrived." Restatement of Restitution § 82(1) (1936). While count two alleges "that Susan was

Sound Surgical Technologies, LLC v. Leonard A. Rubinstein, M.D., P.A.

734 F. Supp. 2d 1262, 2010 U.S. Dist. LEXIS 92882, 2010 WL 3199893

District Court, M.D. Florida | Filed: Aug 12, 2010 | Docket: 2342045

Cited 3 times | Published

Cir.1981) (quoting 3 Callmann, Law of Trademarks § 82.1(i), at 722). Based on the evidence presented, the

Del Rio v. City of Hialeah

904 So. 2d 484, 2005 WL 1109439

District Court of Appeal of Florida | Filed: May 11, 2005 | Docket: 440162

Cited 3 times | Published

state law. [2] City of Hialeah Ordinance Code Section 82-1. Legislative Intent. It is the intent of the

Bell Laboratories, Inc. v. Colonial Products, Inc.

644 F. Supp. 542, 231 U.S.P.Q. (BNA) 569, 1986 U.S. Dist. LEXIS 23176

District Court, S.D. Florida | Filed: Jul 3, 1986 | Docket: 1639760

Cited 3 times | Published

rubric reported in 3 Callmann, Law of Trademarks § 82.1(i), at 722: Whether an addition is sufficient to

Elizabeth Estevill v. Tomas Estevill

District Court of Appeal of Florida | Filed: Nov 20, 2024 | Docket: 69392836

Published

ANALYSIS AND DISCUSSION As provided in section 82.01(4), Florida Statutes (2023): “‘Unlawful detention’

Bay & Gulf Laundry Equipment Co. v. Chateau Tower, Inc.

484 So. 2d 613, 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120

District Court of Appeal of Florida | Filed: Jan 31, 1986 | Docket: 64617870

Published

statutory construction would appear to preempt section 82.01, Florida Statutes (1983), which arguably bears

Bailey v. Baron

269 So. 2d 45, 1972 Fla. App. LEXIS 5850

District Court of Appeal of Florida | Filed: Nov 14, 1972 | Docket: 64528673

Published

may be the subject of a trust. 1 Scott, Trusts § 82.1, 637-638 (2nd ed. 1956). Rights to pension benefits