Florida Fraudulent Entry Law Takes Effect: Felony, 7-Day Notice

Florida's Fraudulent Entry Law Takes Effect: a New Third-Degree Felony and a 7-Day Eviction Ground

Florida's fraudulent entry statute took effect today, October 1, 2026. Chapter 2026-143, Laws of Florida, creates a third-degree felony for getting into a rental unit by application fraud and makes that conduct noncurable noncompliance a landlord can terminate on 7 days' notice.

Information last verified on October 1, 2026.

Status: CS/HB 1293 passed the House 110 to 0 on February 11, 2026 and the Senate 34 to 0 on March 6, 2026. It was signed by officers and presented to the Governor on June 9, 2026, approved by the Governor on June 12, 2026, and filed in the Office of the Secretary of State the same day as Chapter 2026-143, Laws of Florida. Section 3 of the act provides that it takes effect October 1, 2026. The 2026 Florida Statutes already carry the codified text.

Jurisdiction scope: This article covers Florida only, and within Florida it covers the new criminal offense in s. 817.537 and the amended eviction ground in s. 83.56(2)(a). It does not restate the separate sheriff removal process for people who are not tenants, which lives in chapter 82 and is unchanged by this act; for that route see our guide to removing unauthorized occupants in Florida.

What Happened

CS/HB 1293, titled "Fraudulent Entry of Residential Dwellings," was filed in the Florida House on January 8, 2026 by the Criminal Justice Subcommittee with Representative Greco as sponsor. It passed the House 110 to 0 on February 11, 2026. On March 6, 2026 the Senate substituted it for its identical companion, CS/CS/SB 1224 (Rodriguez), and passed it 34 to 0. The Governor approved it on June 12, 2026, and it became Chapter 2026-143, Laws of Florida.

The act is short. It has exactly three sections: Section 1 creates s. 817.537, Fla. Stat.; Section 2 amends paragraph (a) of subsection (2) of s. 83.56, Fla. Stat.; and Section 3 sets the effective date. Nothing else in the Florida Statutes is amended by it.

The operative prohibition reads in full:

(2) A person may not enter into and take possession of a residential dwelling unit by knowingly and willfully:

(a) Making or causing to be made any materially false statement, in writing, relating to the person's identity in any rental application for a residential tenancy.

(b) Presenting forged, fictitious, or counterfeit documents to the landlord of a residential dwelling unit, including, but not limited to, a driver license, an identification card, a bank statement, or a paystub.

(c) Impersonating another person in whose name a rental application is submitted to a landlord for the purpose of executing a rental agreement or taking possession of a residential dwelling unit.

Pinpoint: s. 817.537(2), Fla. Stat., as created by s. 1, ch. 2026-143, Laws of Florida.

Subsection (3) supplies the penalty: a person who violates the section "commits the offense of fraudulent entry of a residential dwelling unit, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084." The House final bill analysis, dated June 15, 2026, puts a figure on that in a footnote: up to five years in prison and a $5,000 fine. It also records the fiscal estimate as an "indeterminate positive impact on prison beds."

Section 2 of the act does one thing. The list of examples in s. 83.56(2)(a) of noncompliance "of a nature that the tenant should not be given an opportunity to cure" previously ran: intentional destruction, damage, or misuse of property, or a subsequent or continued unreasonable disturbance. The act inserted a third example between them, reading "an act of fraudulent entry of a residential dwelling unit which violates s. 817.537(2), regardless of whether criminal proceedings have commenced."

Everything around that clause is pre-existing text. The 7-day period to vacate, the requirement of a written notice specifying the noncompliance and the landlord's intent to terminate, and the statutory notice form ("You are advised that your lease is terminated effective immediately") were already in s. 83.56(2)(a) and were not changed.

What the Law Actually Says

Section 817.537(1) does not write its own definitions. It borrows them, providing that "dwelling unit," "landlord," and "rental agreement" carry the meanings given in s. 83.43, Fla. Stat., the definitions section of the Florida Residential Landlord and Tenant Act. That matters for scope. Under s. 83.43, a dwelling unit includes a structure or part of a structure rented for use as a home, residence, or sleeping place, a mobile home rented by a tenant, and a structure furnished as an incident of employment. A landlord is "the owner or lessor of a dwelling unit." A rental agreement is any written agreement, including amendments or addenda, or an oral agreement for a duration of less than one year, providing for use and occupancy of premises.

Read against those definitions, the offense is narrow in a specific way. It is not a trespass provision and not a general squatting provision. It reaches fraud at the application stage, committed by someone who then enters into and takes possession of the unit. All three prongs are tied to the rental application or to documents presented to the landlord, and each requires that the person act "knowingly and willfully."

The prongs are not interchangeable. Paragraph (a) is limited to a materially false written statement "relating to the person's identity." Paragraph (b) is not identity-limited; it turns on the character of the document, and the statute's own examples include a bank statement and a paystub, which are financial rather than identity documents. Paragraph (c) covers impersonating the person in whose name the application was submitted, whether the object was executing the rental agreement or taking possession.

On the civil side, the new clause sits inside subsection (2) of s. 83.56, which opens with the predicate "If the tenant materially fails to comply with s. 83.52 or material provisions of the rental agreement, other than a failure to pay rent, or reasonable rules or regulations." Paragraph (a) is the branch for noncompliance the tenant should not be given a chance to cure. So the amendment adds a named example to an existing category rather than creating a parallel procedure, which is the point most worth getting right about this law. These rules sit inside the wider framework we cover in Florida's landlord and tenant statutes.

Three procedural features are untouched by the act and still govern:

Delivery. Section 83.56(4) requires that the written notices under subsections (1) through (3) be delivered by mailing, by delivering a true copy, by e-mail in accordance with s. 83.505, or, if the tenant is absent from the premises, by leaving a copy at the residence. The same subsection provides that those notice requirements may not be waived in the rental agreement.

Possession is still a court matter. The notice terminates the rental agreement and starts the 7-day clock; it does not move anyone out. If the tenant does not vacate, the landlord's route to possession is a county court action for possession, entitled to the summary procedure of s. 51.011, as the House staff analysis describes by reference to s. 83.59 and s. 34.011(2). The act creates no sheriff request, no lockout, and no other self-help step.

The tenant-side rule in s. 83.60(2) still applies. In an action by the landlord for possession, a tenant who raises any defense other than payment must pay the accrued rent alleged in the complaint, and rent accruing during the proceeding, into the court registry, or file a motion to determine the amount within 5 days excluding weekends and legal holidays after service of process. The statute states that failure to do so "constitutes an absolute waiver of the tenant's defenses other than payment," with an immediate default judgment and a writ of possession.

Analysis: Why This Matters

The following is analysis from the Recording Law Editorial Team.

The interesting thing about Chapter 2026-143 is where it sits relative to Florida's 2024 property rights law, because the two address different people.

Chapter 2024-44, Laws of Florida, created s. 82.036, the sheriff removal route for unauthorized occupants of residential real property. That route is conditioned. Section 82.036(2)(f) makes it available only where "the unauthorized person or persons are not current or former tenants pursuant to a written or oral rental agreement authorized by the property owner," and the verified complaint form in s. 82.036(3) requires the owner to swear that any lease an occupant may produce is fraudulent. Chapter 82 also carries an applicability limit of its own: s. 82.02(1) states that the chapter "does not apply to residential tenancies under part II of chapter 83."

So the 2024 statute was built around a fake lease held by someone with no owner-authorized agreement. The scenario Chapter 2026-143 describes is different: a person who obtained a real rental agreement from the actual landlord, by lying on the application or presenting forged documents. Whatever one concludes about how a court would characterize that occupant, the practical consequence of the 2024 conditions is that the sheriff route is at best contested in that scenario, and the new eviction ground supplies an answer inside chapter 83 instead. The two sit alongside each other; neither replaces the other. Readers comparing the mechanisms will find the sheriff route described in our coverage of Florida's rules for unauthorized occupants.

The criminal side also layers rather than replaces. Chapter 2024-44 amended s. 817.03 to make it a first-degree misdemeanor to knowingly and willfully present "a false document purporting to be a valid lease agreement, deed, or other instrument conveying real property rights" with intent to detain or remain upon real property, and it created s. 817.0311, a first-degree felony for listing or advertising residential property for sale knowing the purported seller has no legal title or authority, or renting or leasing property knowing one has no lawful ownership or leasehold interest. Those provisions address the fake landlord and the fake lease. Section 817.537 addresses the fraudulent applicant, and does so at the third-degree felony level rather than as a misdemeanor.

One textual question is worth flagging honestly, because the statute does not resolve it. The fraudulent entry clause is an example within s. 83.56(2), whose opening predicate is a material failure to comply with s. 83.52 or with material provisions of the rental agreement. The House final bill analysis describes the effect in exactly those terms, as an example of noncompliance such that "a tenant who otherwise materially fails to comply with his or her obligations under s. 83.52, F.S., or material provisions of a rental agreement, is not entitled to an opportunity to cure." Whether a landlord relying on this ground must separately establish that predicate, or whether naming fraudulent entry as an example is enough on its own, is a question the amended text leaves to the courts. Nothing in the act answers it, and we have found no Florida appellate decision construing s. 817.537, which has existed for one day.

Two further observations. First, the phrase "regardless of whether criminal proceedings have commenced" decouples the civil ground from the criminal case; it does not lower the civil burden of proving the underlying conduct, and the act says nothing about the standard of proof in the possession action. Second, the act did not list the new offense on the offense severity ranking chart in s. 921.0022, and it did not amend s. 775.082. The offense is not unranked as a result: s. 921.0023 provides that a felony not listed in s. 921.0022 is ranked by degree until the Legislature assigns it a level, and subsection (1) places a felony of the third degree within offense level 1. That leaves s. 775.082(10) in play on its own terms: for an offense committed on or after July 1, 2009 that is a third-degree felony but not a forcible felony as defined in s. 776.08, excluding third-degree felony violations under chapter 810, the court "must sentence the offender to a nonstate prison sanction" where the total sentence points under s. 921.0024 are 22 or fewer, unless the court makes written findings that a nonstate prison sanction could present a danger to the public. Whether that applies in a given case depends on the offender's total sentence points, which we cannot generalize.

How This Affects You

The change is narrow and it is procedural, so a few general points follow from the text rather than from anyone's circumstances.

For Florida landlords, the act names a ground; it does not shorten anything. The notice still has to specify the noncompliance and the intent to terminate, delivery still has to satisfy s. 83.56(4), and possession still comes from a county court action if the tenant does not leave within the 7 days. Nothing in Chapter 2026-143 authorizes changing locks, removing belongings, or calling a sheriff in place of filing.

For Florida tenants, a notice under s. 83.56(2)(a) is a termination notice, not a complaint, and the 7 days run from delivery. If a possession action follows and the tenant raises a defense other than payment, the s. 83.60(2) registry requirement and its 5-day deadline are the trap worth knowing about, because the statute describes the consequence of missing it as an absolute waiver.

For anyone comparing states, Florida now pairs a criminal fraud offense with a named noncurable eviction ground, and both mechanisms are creatures of Florida law rather than of any national standard. Our state-by-state landlord and tenant coverage and our survey of unauthorized occupant laws set out how each state handles these questions.

What Happens Next

The act is in force as of today and contains no retroactivity provision; Section 3 sets the effective date and the act says nothing about conduct before it. The offense therefore dates from October 1, 2026 forward.

Codification has already caught up. As of today the Online Sunshine text of the 2026 Florida Statutes carries s. 817.537 in full, with the history note "s. 1, ch. 2026-143," and carries s. 83.56(2)(a) with the fraudulent entry clause and the history note "s. 2, ch. 2026-143." The chapter law and the codified text match.

One thing is genuinely open: there is no appellate construction yet of either s. 817.537(2) or the amended example in s. 83.56(2)(a). The offense is also not listed on the offense severity ranking chart in s. 921.0022, which the Legislature could change, but it is not unranked in the meantime, because s. 921.0023(1) places an unlisted third-degree felony within offense level 1. We will update this page when either changes.

This article is general legal information, not legal advice. It describes Florida statutes as published on October 1, 2026 and does not address any particular tenancy, notice, or criminal charge. Statutes are amended and courts construe them; whether a provision applies to a specific situation depends on facts we do not have. For advice about your own circumstances, consult a Florida attorney.

Related articles

• Florida landlord and tenant laws
• Florida rules for removing unauthorized occupants
• Landlord and tenant laws by state
• Unauthorized occupant and adverse possession laws by state

Last updated: 2026-10-01. Details verified as of 2026-10-01.

Frequently Asked Questions

What does Florida's new fraudulent entry law actually prohibit?

Under s. 817.537(2), Fla. Stat., effective October 1, 2026, a person may not enter into and take possession of a residential dwelling unit by knowingly and willfully making a materially false written statement about the person's identity in a rental application, presenting forged, fictitious, or counterfeit documents to the landlord, or impersonating the person in whose name an application was submitted. All three prongs are tied to the application or to documents given to the landlord (Florida).

Is fraudulent entry of a residential dwelling unit a felony in Florida?

Yes. Section 817.537(3), Fla. Stat., created by s. 1, ch. 2026-143, Laws of Florida, states that a violation is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Section 775.082(3)(e) caps imprisonment for a third-degree felony at 5 years (Florida).

Does the new law create a new eviction procedure in Florida?

No. Section 2 of ch. 2026-143 added fraudulent entry as an example of noncurable noncompliance inside the existing s. 83.56(2)(a), Fla. Stat. The 7-day notice to vacate, the statutory notice form, and the s. 83.56(4) delivery rules were already there and were not changed (Florida).

Can a Florida landlord use this ground before any criminal charge is filed?

The clause added to s. 83.56(2)(a), Fla. Stat. applies to an act of fraudulent entry that violates s. 817.537(2) 'regardless of whether criminal proceedings have commenced.' The statute does not address the civil standard of proof for establishing the underlying conduct in a possession action (Florida).

Does the 7-day notice mean the tenant can be removed after 7 days?

No. The notice terminates the rental agreement and gives the tenant 7 days from delivery to vacate. If the tenant does not vacate, the landlord's route to possession is a county court action for possession under part II of chapter 83, as the House final bill analysis for CS/HB 1293 describes by reference to s. 83.59 and the summary procedure of s. 51.011. The act creates no self-help remedy (Florida).

Did Chapter 2026-143 change Florida's 2024 sheriff removal law for squatters?

No. The act has three sections and amends only s. 83.56 while creating s. 817.537. Section 82.036, Fla. Stat., created by ch. 2024-44, Laws of Florida, is untouched, and it remains limited by s. 82.036(2)(f) to occupants who are not current or former tenants under an owner-authorized rental agreement (Florida).

How is this different from the false lease offense Florida added in 2024?

Chapter 2024-44 amended s. 817.03, Fla. Stat. to make it a first-degree misdemeanor to knowingly and willfully present a false document purporting to be a valid lease, deed, or other instrument conveying real property rights with intent to detain or remain on real property. Section 817.537 instead targets fraud in the rental application itself and grades it as a third-degree felony (Florida).

What counts as a dwelling unit and a rental agreement under s. 817.537?

Section 817.537(1), Fla. Stat. borrows the s. 83.43 definitions. A dwelling unit includes a structure or part of a structure rented as a home, residence, or sleeping place, a mobile home rented by a tenant, and a structure furnished as an incident of employment. A rental agreement is any written agreement, or an oral agreement for a duration of less than one year, providing for use and occupancy of premises (Florida).

Do the Florida Statutes show the new text yet?

Yes. As of October 1, 2026 the 2026 Florida Statutes carry s. 817.537 with the history note 's. 1, ch. 2026-143' and s. 83.56 with 's. 2, ch. 2026-143', and the codified text matches the chapter law (Florida).