Florida Statute 82.01 | Lawyer Caselaw & Research

The 2024 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 Casetext

Amendments to 82.01

Arrestable Offenses / Crimes under Fla. Stat. 82.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 82.01.

Annotations, Discussions, Cases:

Cases Citing Statute 82.01

Total Results: 20

Elizabeth Estevill v. Tomas Estevill

Court: District Court of Appeal of Florida | Date Filed: 2024-11-20

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

Mollica v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-06

Snippet: applicable statutory maximum. See §§ 782.04(1), 775.082(1), Fla. Stat. (1977). Accordingly, we instead vacate

Anthony Jamal Williams v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-09-04

Snippet: sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2

James Walsh, Attorney Ad Litem, on Behalf of A.K.P., a Minor Child, and Statewide Guardian Ad Litem Office v. Department of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2024-09-04

Snippet: failing to apply the amended version of section 63.082. 1 1 The Department filed a notice asserting that

SERRANO-DELGADO v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-08-07

Snippet: time of the offenses. See § 794.011(2)(a); § 775.082(1)(b)2, Fla. Stat. (2020); State v. Hogan, 451 So

Minor Catledge v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-07-12

Snippet: sentences without further comment. See § 775.082, 1 See Anders v. California, 386 U.S. 738 (1967)

Gilbert Bernard v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-26

Snippet: sentenced to a term of more than 15 years under s. 775.082(1)(b)2., s. 775.082(3)(a)5.b., or s. 775.082(3)(b)2

STATE OF FLORIDA v. BRYAN ALLEN REPPLE

Court: District Court of Appeal of Florida | Date Filed: 2024-06-14

Snippet: of extraterritorial power); Op. Att’y Gen. Fla. 82–01 (1982) (concluding that absent statutory authority

Colby McCoggle v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-04-10

Snippet: parole eligibility after twenty-five years. § 775.082(1), Fla. Stat. (1993) (emphasis added) (“A person

ROBERT D. GARNER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-03-08

Snippet: State, 160 So. 3d 393, 395 (Fla. 2015). Section 775.082(1)(b)1 states that a juvenile convicted of "actually

HERBERT LEON MANAGO, JR. v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-02-16

Snippet: (1) resentence Mr. Manago pursuant to section 775.082(1)(b)2., Florida Statutes, or (2) if requested by

State of Florida v. Herbert Leon Manago, Jr.

Court: Supreme Court of Florida | Date Filed: 2023-11-30

Snippet: with the retroactive application of section 775.082(1)(b), Florida Statutes (2014), as part of the State’s

ROBERT D. GARNER v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-09-15

Snippet: entitled to resentencing pursuant to section 775.082(1)(b)2, Florida Statutes (2016). The court granted

FELIX DE LA HOZ v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-08-23

Snippet: JJ. PER CURIAM. Affirmed. See § 775.082(1), Fla. Stat. (1988) (“A person who has been convicted

HUNTER THOMAS BOESCH v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-07-19

Snippet: commit robbery/burglary. He argues section 775.082(1)(a), Florida Statutes (2016), is unconstitutional

RANDY WASHINGTON v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: because act affected two separate victims); § 775.082(1), Fla. Stat. (1989) (“A person who has been convicted

VICTOR CARABALLO v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-03-22

Snippet: [section 775.082, Florida Statutes].”); § 775.082(1), Fla. Stat. (2002) (“A person who has been convicted

Eric Demond Parrish v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2022-09-28

Snippet: offender is eligible for a sentence review. See §§ 775.082(1)(b)3., (3)(a)5.c., (3)(b)2.c.; 921.1402(2)(a)–(c)

SHAWN ANTHONY SINGLETARY v. THE STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2022-03-16

Snippet: attempted to kill the victim.” §§ 775.082(1)(b), (3)(a)5. Our highest court has held that, in

In Re: Amendments to the Florida Rules of Criminal Procedure

Court: Supreme Court of Florida | Date Filed: 2021-12-16

Snippet: guilt for an offense punishable under sections 775.082(1)(b), 775.082(3)(a)5., 775.082(3)(b)2., or 775.082(3)(c)