Florida Statutes

Fla. Stat. § 82.01 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1986–2024 · leading case: Bay & Gulf Laundry Equip. Co. v. Chateau Tower, Inc., 484 So. 2d 613 (Fla. 2d DCA 1986).

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Bay & Gulf Laundry Equip. Co. v. Chateau Tower, Inc., 484 So. 2d 613 (Fla. 2d DCA 1986). · cites it 2× “Such a statutory construction would appear to preempt section 82.01, Florida Statutes (1983), which arguably bears application here.”

Elizabeth Estevill v. Tomas Estevill (Fla. 3d DCA 2024). · cites it 2× “”) ANALYSIS AND DISCUSSION As provided in section 82.01(4), Florida Statutes (2023): “‘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…”

— 82.01(4) — 1 case

Elizabeth Estevill v. Tomas Estevill (Fla. 3d DCA 2024). “”) ANALYSIS AND DISCUSSION As provided in section 82.01(4), Florida Statutes (2023): “‘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…”

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