Florida Senate - 2026                      CS for CS for SB 1224
       
       
        
       By the Committees on Criminal Justice; and Judiciary; and
       Senator Rodriguez
       
       
       
       
       591-02778-26                                          20261224c2
    1                        A bill to be entitled                      
    2         An act relating to fraudulent entry of residential
    3         dwellings; amending s. 83.56, F.S.; providing that
    4         fraudulent entry of a residential dwelling unit is an
    5         act of noncompliance for which a landlord may
    6         terminate a rental agreement; creating s. 817.537,
    7         F.S.; defining terms; creating the crime of fraudulent
    8         entry of a residential dwelling unit; prohibiting a
    9         person from entering into and taking possession of a
   10         residential dwelling unit under specified
   11         circumstances; providing a criminal penalty; providing
   12         an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraph (a) of subsection (2) of section
   17  83.56, Florida Statutes, is amended to read:
   18         83.56 Termination of rental agreement.—
   19         (2) If the tenant materially fails to comply with s. 83.52
   20  or material provisions of the rental agreement, other than a
   21  failure to pay rent, or reasonable rules or regulations, the
   22  landlord may:
   23         (a) If such noncompliance is of a nature that the tenant
   24  should not be given an opportunity to cure it or if the
   25  noncompliance constitutes a subsequent or continuing
   26  noncompliance within 12 months of a written warning by the
   27  landlord of a similar violation, deliver a written notice to the
   28  tenant specifying the noncompliance and the landlord’s intent to
   29  terminate the rental agreement by reason thereof. Examples of
   30  noncompliance which are of a nature that the tenant should not
   31  be given an opportunity to cure include, but are not limited to,
   32  destruction, damage, or misuse of the landlord’s or other
   33  tenants’ property by intentional act; an act of fraudulent entry
   34  of a residential dwelling unit which violates s. 817.537,
   35  regardless of whether criminal proceedings have commenced; or a
   36  subsequent or continued unreasonable disturbance. In such event,
   37  the landlord may terminate the rental agreement, and the tenant
   38  shall have 7 days from the date that the notice is delivered to
   39  vacate the premises. The notice shall be in substantially the
   40  following form:
   41  
   42         You are advised that your lease is terminated effective
   43  immediately. You shall have 7 days from the delivery of this
   44  letter to vacate the premises. This action is taken because
   45  ...(cite the noncompliance)....
   46  
   47         Section 2. Section 817.537, Florida Statutes, is created to
   48  read:
   49         817.537Fraudulent entry of a residential dwelling unit.—
   50         (1)As used in this section, the terms “dwelling unit,”
   51  “landlord,” and “rental agreement” have the same meanings as
   52  provided in s. 83.43.
   53         (2)A person may not enter into and take possession of a
   54  residential dwelling unit by knowingly and willfully:
   55         (a)Making or causing to be made any materially false
   56  statement, in writing, relating to the person’s identity in any
   57  rental application for a residential tenancy.
   58         (b)Presenting forged, fictitious, or counterfeit documents
   59  to the landlord of a residential dwelling unit, including, but
   60  not limited to, a driver license, an identification card, a bank
   61  statement, or a paystub.
   62         (c)Impersonating another person in whose name a rental
   63  application is submitted to a landlord for the purpose of
   64  executing the rental agreement or taking possession of the
   65  residential dwelling unit.
   66         (3)A person who violates this section commits the offense
   67  of fraudulent entry of a residential dwelling unit, which is a
   68  felony of the third degree, punishable as provided in s.
   69  775.082, s. 775.083, or s. 775.084.
   70         Section 3. This act shall take effect October 1, 2026.