Florida Statute 82.01 - 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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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.

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Amendments to 82.01

Annotations, Discussions, Cases:

Cases Citing Statute 82.01

Total Results: 8 | Sort by: Relevance | Newest First

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Safeway Stores, Inc., Cross-Appellee v. Safeway Disc. Drugs, Inc., Cross-Appellant, 675 F.2d 1160 (11th Cir. 1982).

Cited 107 times | Published | Court of Appeals for the Eleventh Circuit | 216 U.S.P.Q. (BNA) 599, 1982 U.S. App. LEXIS 19419

additional feature.” 3 R. Callman, supra. § 82.1(i), at 722. Here, as we have noted, the word Safeway

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Campbell v. Gordon, 674 So. 2d 783 (Fla. 1st DCA 1996).

Cited 5 times | Published | Florida 1st District Court of Appeal | 1996 WL 199702

performance has arrived." Restatement of Restitution § 82(1) (1936). While count two alleges "that Susan was

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Del Rio v. City of Hialeah, 904 So. 2d 484 (Fla. 3d DCA 2005).

Cited 3 times | Published | Florida 3rd District Court of Appeal | 2005 WL 1109439

state law. [2] City of Hialeah Ordinance Code Section 82-1. Legislative Intent. It is the intent of the

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Bell Labs., Inc. v. Colonial Prods., Inc., 644 F. Supp. 542 (S.D. Fla. 1986).

Cited 3 times | Published | District Court, S.D. Florida | 231 U.S.P.Q. (BNA) 569, 1986 U.S. Dist. LEXIS 23176

rubric reported in 3 Callmann, Law of Trademarks § 82.1(i), at 722: Whether an addition is sufficient to

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Sound Surgical Tech., LLC v. Leonard A. Rubinstein, M.D., P.A., 734 F. Supp. 2d 1262 (M.D. Fla. 2010).

Cited 3 times | Published | District Court, M.D. Florida | 2010 U.S. Dist. LEXIS 92882, 2010 WL 3199893

Cir.1981) (quoting 3 Callmann, Law of Trademarks § 82.1(i), at 722). Based on the evidence presented, the

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Elizabeth Estevill v. Tomas Estevill (Fla. 3d DCA 2024).

Published | Florida 3rd District Court of Appeal

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

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Bailey v. Baron, 269 So. 2d 45 (Fla. Dist. Ct. App. 1972).

Published | District Court of Appeal of Florida | 1972 Fla. App. LEXIS 5850

may be the subject of a trust. 1 Scott, Trusts § 82.1, 637-638 (2nd ed. 1956). Rights to pension benefits

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Bay & Gulf Laundry Equip. Co. v. Chateau Tower, Inc., 484 So. 2d 613 (Fla. Dist. Ct. App. 1986).

Published | District Court of Appeal of Florida | 11 Fla. L. Weekly 310, 1986 Fla. App. LEXIS 6120

statutory construction would appear to preempt section 82.01, Florida Statutes (1983), which arguably bears

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.