2025/06/27

Florida Senate Bill 606: Streamlining Guest Removal with Clear Occupancy Definitions

 

Florida Senate Bill 606, recently passed by the state legislature, aims to simplify and expedite the process of removing unwanted guests from properties by establishing clearer distinctions between "transient" and "nontransient" occupancy. The bill moves away from relying on subjective intent and instead focuses on the objective nature of the stay. This shift promises to provide property owners with a more predictable and efficient path to regain control of their properties when stays overstay their welcome.

For years, Florida law has grappled with the ambiguity of defining occupancy, often leaving property owners in a legal gray area when dealing with individuals who refuse to leave after their agreed-upon stay. Determining whether someone was a "tenant," with all the legal protections that entails, often involved lengthy court battles centered around proving the "intent" of both the owner and the occupant. This process could be costly, time-consuming, and frustrating for property owners.

SB 606 seeks to remedy this by establishing a more objective standard for determining occupancy. Rather than delving into the murky waters of intent, the bill focuses on the characteristics of the stay itself. Key factors considered under the new law include:

  • Agreed-upon length of stay: A specific, predetermined period of occupancy explicitly agreed upon by both parties will be a primary determinant.
  • Frequency of services: The frequency and nature of services provided by the property owner, such as cleaning, linen changes, and maintenance, will be considered. Frequent services suggest a transient occupancy.
  • Payment arrangements: How the occupant pays for their stay, whether it's a fixed rate per night, week, or a longer-term agreement, will be relevant.
  • Availability of the property: Whether the property is offered to the general public for short-term rental will also be taken into account.

By focusing on these objective factors, SB 606 creates a clearer pathway for property owners to remove individuals who are deemed "transient" occupants. This means that individuals staying in hotels, motels, short-term rentals, or similar establishments under a defined agreement will likely be classified as transient occupants. If they overstay their agreed-upon term, property owners can typically utilize more expedient removal procedures, such as notifying law enforcement, rather than having to initiate a full eviction process.

Benefits of SB 606:

  • Simplified guest removal: A more objective definition of occupancy allows for a quicker and more predictable removal process for transient occupants.
  • Reduced legal costs: Fewer disputes over intent could translate to lower legal fees for property owners.
  • Increased property owner control: The bill empowers property owners to enforce occupancy agreements and maintain control over their properties.
  • Greater clarity for guests: Clearer definitions provide guests with a better understanding of their rights and responsibilities during their stay.

Potential Considerations:

While SB 606 aims to streamline the process, it's crucial for property owners to adhere to the law's requirements and provide proper notice to occupants. It's also important to note that the bill primarily addresses "transient" occupancy. Cases involving long-term stays with ambiguous agreements may still require a more thorough legal process.

Conclusion:

Florida Senate Bill 606 represents a significant step toward clarifying occupancy definitions and streamlining guest removal procedures. By focusing on the objective characteristics of a stay rather than subjective intent, the bill provides property owners with a more efficient legal framework to manage their properties and enforce occupancy agreements. While careful adherence to the law is essential, SB 606 holds the potential to reduce legal costs, minimize disputes, and provide greater certainty for both property owners and guests in Florida.