82.03
Remedies.
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82.03 Remedies.—
(1) A person entitled to possession of real property, including constructive possession by a record titleholder, has a cause of action against a person who obtained possession of that real property by forcible entry, unlawful entry, or unlawful detention and may recover possession and damages. The person entitled to possession is not required to notify the prospective defendant before filing the action.
(2) If the court finds that the entry or detention by the defendant is willful and knowingly wrongful, the court must award the plaintiff damages equal to double the reasonable rental value of the real property from the beginning of the forcible entry, unlawful entry, or unlawful detention until possession is delivered to the plaintiff. The plaintiff may also recover other damages, including, but not limited to, damages for waste.
(3) Actions for possession and damages may be bifurcated.
(4) All actions under this chapter must be brought by summary procedure as provided in s. 51.011, and the court shall advance the cause on the calendar.
History.—s. 3, ch. 1630, 1868; RS 1689; GS 2154; RGS 3458; CGL 5311; s. 33, ch. 67-254; s. 423, ch. 95-147; s. 4, ch. 2018-94.
Notes of Decisions
Cited in 6
cases (3 in the last 5 years), 1983–2025 · leading case: Crocker v. Diland Corp.
Crocker v. Diland Corp. (1992)
“011 is provided as a remedy for unlawful and forcible entry pursuant to section 82.03, Florida Statutes (1989). The summary procedure statute, section 51.”
Elizabeth Estevill v. Tomas Estevill (2024)
“Tomas first filed an eviction action in county court against Elizabeth, but when that action was dismissed by the court for failure to plead the proper 2 cause of action, he filed (also in county court), a complaint for unlawful detainer pursuant to section 82.03, Florida…”
Sally Wynn v. Maurice Huffman (2025)
“See § 82.03(4), Fla. Stat. (2024). Section 51.”
Dimanche v. Jackson (2024)
“The Second Amended Complaint is therefore stricken to the extent it contains new Defendants and is stricken as to the Fourth Cause of Action for Unlawful Detainer under section 82.03 of the Florida Statutes.2 E.”
Sun Cleaners v. Dennis (1983)
“Section 82.03, which Defendant-Appellee discusses at length, covers unlawful entry and is not applicable here.”
Fiscal Operations, Inc. v. Miami-Dade County (1999)
“2 See §§ 82.03-071, 82.101, Fla.Stat. Fiscal also sought statutory damages.”
— 82.03(1) — 1 case
Elizabeth Estevill v. Tomas Estevill (2024)
“Tomas first filed an eviction action in county court against Elizabeth, but when that action was dismissed by the court for failure to plead the proper 2 cause of action, he filed (also in county court), a complaint for unlawful detainer pursuant to section 82.03, Florida…”
— 82.03(4) — 1 case
Sally Wynn v. Maurice Huffman (2025)
“See § 82.03(4), Fla. Stat. (2024). Section 51.”
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