The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE

Chapter 82
FORCIBLE ENTRY AND UNLAWFUL DETAINER

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F.S. 82.03

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.

F.S. 82.03 on Google Scholar

F.S. 82.03 on Casetext

Amendments to 82.03

Arrestable Offenses / Crimes under Fla. Stat. 82.03

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 82.03.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IRWIN INDUSTRIAL TOOL COMPANY, v. UNITED STATES,, 222 F. Supp. 3d 1210 (Ct. Int'l Trade 2017)

. . . Explanatory Notes Chapter 82, 82.03. . . . . Explanatory Notes Chapter 82, 82.03, . . . .

CS WIND VIETNAM CO. LTD. CS v. UNITED STATES,, 832 F.3d 1367 (Fed. Cir. 2016)

. . . That ratio was 82.03%. . . . out in the Court of International Trade’s final opinion, J.A. 225 nn.5-7, describe multiplication by 82.03% . . . ; but Commerce's calculation, J.A. 215, implies that Commerce actually multiplied by 1 - 82.03% = 17.97% . . .

IN RE EL- ERIAN El- v. LLC,, 512 B.R. 391 (Bankr. D.D.C. 2014)

. . . .); see also Powell on Real Property § 82.03[2][b][ii] (“[I] n the majority of states, the courts have . . .

In O NEILL MIRANDA R. O, 449 B.R. 182 (Bankr. D.P.R. 2011)

. . . for two persons; (19) Debtors have provided the Trustee with evidence that their water expense was $82.03 . . .

FISCAL OPERATIONS, INC. a v. MIAMI- DADE COUNTY,, 735 So. 2d 598 (Fla. Dist. Ct. App. 1999)

. . . See §§ 82.03-071, 82.101, Fla.Stat. Fiscal also sought statutory damages. See id. § 82.071. . . .

M. E. FIELDS J. R. v. GENERAL MOTORS CORPORATION, a, 171 F.R.D. 234 (N.D. Ill. 1997)

. . . In the reply, it withdrew $25.00 for federal express delivery of James Hartigan’s deposition and $82.03 . . . In the reply, GM withdrew $82.03 in witness fees for John Connelly, to which the plaintiffs objected. . . .

CROCKER v. DILAND CORPORATION, 593 So. 2d 1096 (Fla. Dist. Ct. App. 1992)

. . . described in section 51.011 is provided as a remedy for unlawful and forcible entry pursuant to section 82.03 . . .

COMMERCIAL UNION ASSURANCE COMPANIES, v. SEARS, ROEBUCK AND CO., 716 F.2d 606 (10th Cir. 1983)

. . . acceptable clarification is contained in Devitt and Blackmar Federal Jury Practice and Instructions, 3d, § 82.03 . . . See also the extension of this in the 82.03 pocket supplement. . . . .

SUN CLEANERS v. DENNIS,, 4 Fla. Supp. 2d 95 (Fla. Cir. Ct. 1983)

. . . Section 82.03, which Defendant-Appellee discusses at length, covers unlawful entry and is not applicable . . .

SCHWARTZ, v. AMERICAN HONDA MOTOR COMPANY, INC., 710 F.2d 378 (7th Cir. 1983)

. . . defining unreasonably dangerous taken from 3 Devitt & Blaekmar, Federal Jury Practice and Instructions § 82.03 . . .

S. M. v., 80 T.C. 843 (T.C. 1983)

. . . Postlewaite, Partnership Taxation, secs. 82.02, 82.03, at 82-3 to 82-6 (3d ed. 1982). . . .

M. FLORO, v. N. PARKER E., 205 So. 2d 363 (Fla. Dist. Ct. App. 1967)

. . . Sec. 82.03 F.S.A. reads as follows: “82.03 Remedy declared for unlawful entry and forcible entry. . . .

DICKINSON, v. TIDD, 137 F.2d 610 (10th Cir. 1943)

. . . 6 blk 48, 1923 $136.50, 1924 $148.66, 1925 $134.04, 1926 $199.88, 1927 $106.50, 1928 $94.11, 1929 $82.03 . . .