THE BILL ITSELF
CS/HB 1293
Fraudulent Entry of Residential Dwellings
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An act relating to fraudulent entry of residential
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dwellings; creating s. 817.537, F.S.; providing
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definitions; creating the crime of fraudulent entry of
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a residential dwelling unit; prohibiting a person from
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entering into and taking possession of a residential
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dwelling unit under specified circumstances; providing
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a criminal penalty; amending s. 83.56, F.S.; providing
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that fraudulent entry of a residential dwelling unit
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is an act of noncompliance for which a landlord may
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terminate a rental agreement; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 817.537, Florida Statutes, is created
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to read:
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817.537 Fraudulent entry of a residential dwelling unit.—
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(1) As used in this section, the terms "dwelling unit,"
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"landlord," and "rental agreement" have the same meanings as
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provided in s. 83.43.
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(2) A person may not enter into and take possession of a
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residential dwelling unit by knowingly and willfully:
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(a) Making or causing to be made any materially false
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statement, in writing, relating to the person's identity in any
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rental application for a residential tenancy.
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(b) Presenting forged, fictitious, or counterfeit
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documents to the landlord of a residential dwelling unit,
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including, but not limited to, a driver license, an
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identification card, a bank statement, or a paystub.
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(c) Impersonating another person in whose name a rental
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application is submitted to a landlord for the purpose of
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executing a rental agreement or taking possession of a
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residential dwelling unit.
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(3) A person who violates this section commits the offense
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of fraudulent entry of a residential dwelling unit, which is a
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felony of the third degree, punishable as provided in s.
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775.082, s. 775.083, or s. 775.084.
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Section 2. Paragraph (a) of subsection (2) of section
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83.56, Florida Statutes, is amended to read:
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83.56 Termination of rental agreement.—
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(2) If the tenant materially fails to comply with s. 83.52
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or material provisions of the rental agreement, other than a
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failure to pay rent, or reasonable rules or regulations, the
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landlord may:
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(a) If such noncompliance is of a nature that the tenant
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should not be given an opportunity to cure it or if the
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noncompliance constitutes a subsequent or continuing
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noncompliance within 12 months of a written warning by the
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landlord of a similar violation, deliver a written notice to the
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tenant specifying the noncompliance and the landlord's intent to
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terminate the rental agreement by reason thereof. Examples of
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noncompliance which are of a nature that the tenant should not
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be given an opportunity to cure include, but are not limited to,
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destruction, damage, or misuse of the landlord's or other
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tenants' property by intentional act; an act of fraudulent entry
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of a residential dwelling unit which violates s. 817.537(2),
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regardless of whether criminal proceedings have commenced; or a
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subsequent or continued unreasonable disturbance. In such event,
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the landlord may terminate the rental agreement, and the tenant
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shall have 7 days from the date that the notice is delivered to
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vacate the premises. The notice shall be in substantially the
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following form:
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You are advised that your lease is terminated effective
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immediately. You shall have 7 days from the delivery of this
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letter to vacate the premises. This action is taken because
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...(cite the noncompliance)....
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Section 3. This act shall take effect October 1, 2026.