Florida Statute 82.03 - 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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82.03 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 | Sort by: Relevance | Newest First

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Adams v. Dreyfus Interstate Dev. Corp., 352 So. 2d 76 (Fla. 4th DCA 1977).

Cited 14 times | Published | Florida 4th District Court of Appeal

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

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Crocker v. Diland Corp., 593 So. 2d 1096 (Fla. 5th DCA 1992).

Cited 3 times | Published | Florida 5th District Court of Appeal | 1992 WL 13826

...for an answer, and that, in his experience, county judges usually permit motion practice in cases to which section 51.011 applies. The summary procedure described in section 51.011 is provided as a remedy for unlawful and forcible entry pursuant to section 82.03, Florida Statutes (1989)....

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

Published | Florida 3rd District Court of Appeal

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

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Sally Wynn v. Maurice Huffman (Fla. 4th DCA 2025).

Published | Florida 4th District Court of Appeal

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

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In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-04, 190 So. 3d 614 (Fla. 2016).

Published | Supreme Court of Florida | 2016 WL 1460587

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

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