Florida Statute 82.3 - 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. 82.03

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.

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Amendments to 82.03

Annotations, Discussions, Cases:

Cases Citing Statute 82.03

Total Results: 5

Adams v. Dreyfus Interstate Dev. Corp.

352 So. 2d 76

District Court of Appeal of Florida | Filed: Jun 10, 1977 | Docket: 1701328

Cited 14 times | Published

Jur., Damages, § 27. [2] 9A Fla.Jur., Damages, § 82. [3] Conner v. Atlas Aircraft Corporation, 310 So

Crocker v. Diland Corp.

593 So. 2d 1096, 1992 WL 13826

District Court of Appeal of Florida | Filed: Jan 31, 1992 | Docket: 446491

Cited 3 times | Published

for unlawful and forcible entry pursuant to section 82.03, Florida Statutes (1989). The summary procedure

Sally Wynn v. Maurice Huffman

District Court of Appeal of Florida | Filed: Jul 23, 2025 | Docket: 70891680

Published

to section 51.011, Florida Statutes (2024). See § 82.03(4), Fla. Stat. (2024). Section 51.011(1) requires

Elizabeth Estevill v. Tomas Estevill

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

Published

complaint for unlawful detainer pursuant to section 82.03, Florida Statutes (2023). Elizabeth initially

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-04

190 So. 3d 614, 2016 WL 1460587

Supreme Court of Florida | Filed: Apr 14, 2016 | Docket: 3053709

Published

“Willfully” means intentionally and purposely. § 82?.03(l)(d), Florida■ Statutes Fla. Stat