Florida Senate - 2026                             CS for SB 1224
       
       
        
       By the Committee on Judiciary; and Senator Rodriguez
       
       
       
       
       
       590-02250-26                                          20261224c1
    1                        A bill to be entitled                      
    2         An act relating to fraudulent entry of residential
    3         dwellings; creating s. 817.537, F.S.; creating the
    4         crime of fraudulent entry of a residential dwelling
    5         unit; prohibiting a person from entering into and
    6         taking possession of a residential dwelling unit under
    7         specified circumstances; providing a criminal penalty;
    8         amending s. 83.56, F.S.; providing that fraudulent
    9         entry of a residential dwelling unit is an act of
   10         noncompliance for which a landlord may terminate a
   11         rental agreement; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 817.537, Florida Statutes, is created to
   16  read:
   17         817.537Fraudulent entry of a residential dwelling unit.—
   18         (1)A person may not enter into and take possession of a
   19  residential dwelling unit by knowingly and willfully:
   20         (a)Making or causing to be made any materially false
   21  statement, in writing, relating to the person’s identity in any
   22  rental application for a residential tenancy.
   23         (b)Presenting forged, fictitious, or counterfeit documents
   24  to the landlord of a residential dwelling unit, including, but
   25  not limited to, a driver license, an identification card, a bank
   26  statement, or a pay stub.
   27         (c)Executing a rental agreement, or taking possession of a
   28  residential dwelling unit, while impersonating the person in
   29  whose name the rental application is submitted to the landlord.
   30         (2)A person who violates this section commits the offense
   31  of fraudulent entry of a residential dwelling unit, which is a
   32  felony of the third degree, punishable as provided in s.
   33  775.082, s. 775.083, or s. 775.084.
   34         Section 2. Paragraph (a) of subsection (2) of section
   35  83.56, Florida Statutes, is amended to read:
   36         83.56 Termination of rental agreement.—
   37         (2) If the tenant materially fails to comply with s. 83.52
   38  or material provisions of the rental agreement, other than a
   39  failure to pay rent, or reasonable rules or regulations, the
   40  landlord may:
   41         (a) If such noncompliance is of a nature that the tenant
   42  should not be given an opportunity to cure it or if the
   43  noncompliance constitutes a subsequent or continuing
   44  noncompliance within 12 months of a written warning by the
   45  landlord of a similar violation, deliver a written notice to the
   46  tenant specifying the noncompliance and the landlord’s intent to
   47  terminate the rental agreement by reason thereof. Examples of
   48  noncompliance which are of a nature that the tenant should not
   49  be given an opportunity to cure include, but are not limited to,
   50  destruction, damage, or misuse of the landlord’s or other
   51  tenants’ property by intentional act; an act of fraudulent entry
   52  of a residential dwelling unit which violates s. 817.537(1),
   53  regardless of whether criminal proceedings have commenced; or a
   54  subsequent or continued unreasonable disturbance. In such event,
   55  the landlord may terminate the rental agreement, and the tenant
   56  shall have 7 days from the date that the notice is delivered to
   57  vacate the premises. The notice shall be in substantially the
   58  following form:
   59  
   60         You are advised that your lease is terminated effective
   61  immediately. You shall have 7 days from the delivery of this
   62  letter to vacate the premises. This action is taken because
   63  ...(cite the noncompliance)....
   64  
   65         Section 3. This act shall take effect October 1, 2026.