Florida’s HB 1293 (chapter 2026-143, Laws of Florida) took effect October 1, 2026. Fla. Stat. § 817.537 makes it a third-degree felony, punishable by up to five years in prison and a $5,000 fine, to take possession of a rental through a false written statement about identity, forged or counterfeit documents, or impersonation. A landlord can terminate for it by written notice, and the tenant has 7 days to leave with no chance to cure.
What Section 817.537 Prohibits
Section 817.537(2) makes it a felony to enter into and take possession of a rental unit by knowingly and willfully doing any of the following. The terms dwelling unit, landlord, and rental agreement carry the meanings in § 83.43.
- (a) Making or causing to be made a materially false statement, in writing, relating to the person’s identity in a rental application for a residential tenancy.
- (b) Presenting forged, fictitious, or counterfeit documents to the landlord, 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.
Where the Statute Stops
The offense is complete when the person enters into and takes possession of the unit. An applicant who submits a forged document and is turned down, or who never moves in, has not committed an offense under § 817.537.
Subsection (a) covers statements about identity. On its text, writing a false salary on an application falls outside (a), while attaching a fabricated paystub that supports the same salary falls under (b). The statute requires knowing and willful conduct, so an honest mistake on an application is not a violation. The act has no retroactivity provision. An entry before October 1, 2026 predates the offense, and article I, section 10 of the Florida Constitution bars punishing an act that was innocent when done (see also Weaver v. Graham, 450 U.S. 24 (1981)). The statute does not say whether possession that continues after October 1 under an earlier entry can be charged, and criminal statutes are strictly construed in the accused’s favor under § 775.021(1).
The text applies to the person who enters into and takes possession of the unit through the false statement, forged document, or impersonation. A roommate or co-signer who took no part in any of those acts falls outside it.
Penalty and Related Charges
Section 817.537(3) makes the offense a felony of the third degree, punishable as provided in § 775.082, § 775.083, or § 775.084. That carries up to five years in prison and a fine of up to $5,000. A defendant with two or more prior felony convictions who commits the offense within 5 years of the last conviction or of release from supervision can be sentenced as a habitual felony offender under § 775.084, which raises the maximum for a third-degree felony from 5 to 10 years. At the other end, § 775.082(10) requires a nonstate prison sanction for a nonforcible third-degree felony when total sentence points under § 921.0024 are 22 or fewer, unless the court makes written findings that a nonstate prison sanction could present a danger to the public. For a first-time defendant charged only under § 817.537, the offense scores as an unlisted third-degree felony at level 1 (§ 921.0023), which is 4 points under § 921.0024. Companion charges, prior record, and legal-status points raise the total.
The same facts can support other charges. Uttering a forged instrument under § 831.02 applies only when the document falls within a class listed in § 831.01 (Maddox v. State, 923 So. 2d 442 (Fla. 2006)). A forged check qualifies. A paystub or bank statement has no reported Florida appellate decision either way. Possessing or displaying a counterfeit driver license is a separate third-degree felony under § 322.212(1). Criminal use of personal identification information under § 817.568 is a third-degree felony in its basic form and rises to a second-degree felony at $5,000 or more in benefit or injury.
The Eviction Change
Section 83.56(2)(a) already let a landlord terminate a rental agreement without giving the tenant a chance to cure when the noncompliance is of a nature that the tenant should not be given an opportunity to cure, with 7 days from delivery of the notice to vacate. The statute’s examples were intentional property damage and continued unreasonable disturbance. HB 1293 adds fraudulent entry in violation of § 817.537(2) to those examples, regardless of whether criminal proceedings have commenced.
The statutory notice, in substantially the form the statute gives, tells the tenant that the lease is terminated effective immediately and that the tenant has 7 days from delivery to vacate. The notice must cite the noncompliance.
A landlord can serve the notice before any charge is filed, and the eviction and the criminal case run on separate tracks. The statute does not say how the landlord proves the fraud in the possession case or by what standard. A landlord who accepts rent with actual knowledge of the noncompliance waives the right to terminate for it under § 83.56(5)(a). If the tenant stays past 7 days, the landlord must file a possession action in county court, which proceeds under the summary procedure of § 51.011. The tenant must file an answer within 5 days of service to contest the allegation, and under § 83.60(2) must deposit rent into the court registry to keep any defense other than payment. Without that deposit, the court enters a default judgment and the writ of possession issues immediately. Possession can be recovered only through that judgment and a writ under § 83.62, or by the tenant’s surrender or abandonment (§ 83.59(3)). A lockout or utility shutoff stays unlawful under § 83.67. A tenant who leaves within 7 days still faces the felony charge.
Source: chapter 2026-143, Laws of Florida, creating § 817.537 and amending § 83.56(2)(a). The governor approved the act on June 12, 2026.
Quick Answers
What is HB 1293?
HB 1293, chapter 2026-143, Laws of Florida, took effect October 1, 2026. It creates Fla. Stat. § 817.537, fraudulent entry of a residential dwelling unit, a third-degree felony. It also adds that offense to the examples in § 83.56(2)(a) of noncompliance a tenant cannot cure, so a landlord can serve written notice terminating the rental agreement and the tenant has 7 days from delivery to vacate.
When did HB 1293 take effect?
October 1, 2026, as chapter 2026-143, Laws of Florida. The governor approved the act on June 12, 2026, after the House passed it 110 to 0 on February 11 and the Senate 34 to 0 on March 6. The act has no provision reaching leases signed or possession taken before October 1, 2026.
Are fake pay stubs and fake IDs covered?
Yes. Fla. Stat. § 817.537(2)(b) covers presenting forged, fictitious, or counterfeit documents to a landlord, including, but not limited to, a driver license, an identification card, a bank statement, or a paystub. The person must act knowingly and willfully and enter into and take possession of the unit. The offense is a third-degree felony.
Does applying in someone else’s name count?
Yes. Fla. Stat. § 817.537(2)(c) covers 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. Using another person’s name or identity documents to sign a lease and move in matches that text.
Is lying about income on a rental application a felony under HB 1293?
Section 817.537(2)(a) covers materially false written statements relating to the person’s identity. An inflated income figure on an application, with no forged document and no identity falsehood, matches none of the three listed acts. A forged paystub or bank statement submitted to support the figure falls under (2)(b).
Does the law apply if I never moved in?
Not under § 817.537 itself. The offense requires entering into and taking possession of the unit. An attempt to commit an offense ranked at level 1 is a first-degree misdemeanor under § 777.04(4)(a), and other statutes may reach a forged document that was submitted.
What is the penalty?
A third-degree felony under § 817.537(3), punishable as provided in § 775.082, § 775.083, or § 775.084: up to five years in prison and a fine of up to $5,000. A defendant with 22 or fewer sentence points on a nonforcible third-degree felony must receive a nonstate prison sanction unless the court makes written findings of danger to the public under § 775.082(10).
Can a landlord evict before a criminal conviction?
A landlord can serve written notice before any charge or conviction, because § 83.56(2)(a) applies regardless of whether criminal proceedings have commenced. The tenant then has 7 days from delivery to vacate. Removing a tenant who stays still takes a possession action, a court judgment, and a writ of possession.
Can a landlord change the locks or shut off utilities after finding fraud?
No. Even for fraudulent entry, the landlord must give written notice, wait the 7 days, and obtain a court judgment and a writ of possession under chapter 83 before removing a tenant. A lockout or utility shutoff violates § 83.67. HB 1293 adds § 817.537 to the non-curable examples in § 83.56(2)(a) and does not authorize self-help removal.
Can a roommate or co-signer be charged if someone else forged the documents?
Section 817.537(2) applies to the person who enters into and takes possession of the unit through the false statement, forged document, or impersonation. A roommate or co-signer who took no part in those acts falls outside that text. Anyone who helped create or submit forged documents can face separate charges such as forgery under § 831.01.
What should I do if I am accused of rental application fraud?
Do not answer police questions or sign anything the landlord sends until you have talked to a criminal defense lawyer. A 7-day notice does not end the criminal case. See our theft and fraud defense page and how misdemeanors and felonies differ in Florida.
The first consultation is free and confidential, with no obligation to retain.