Florida Rental Fraud Law: Do Vacation Rentals Count?

Florida's new rental fraud law took effect on Thursday, October 1, 2026. CS/HB 1293 creates a crime called fraudulent entry of a residential dwelling unit, a third degree felony, and gives landlords a 7 day termination notice with no chance to cure.

The coverage so far is written for apartment operators and long term landlords. CBS12's explainer and the National Apartment Association's summary never mention vacation rentals, and neither does the Legislature's own bill analysis. None of it says whether the guest who booked your rental under a fake name is now a felon.

Read against the statutes it borrows from, the answer for a nightly guest is most likely no, and for a monthly guest it depends on one sentence in the rental agreement. This is a reading of the text, not legal advice, and no court has applied the new section to a vacation rental yet.

Key facts

• CS/HB 1293 passed the Florida House 110 to 0 on February 11, 2026 and the Senate 34 to 0 on March 6, 2026, was approved by the governor on June 12, 2026 as Chapter 2026-143, and took effect October 1, 2026, according to the Florida Senate's bill history.
• The law creates section 817.537, Florida Statutes, a third degree felony that the House final bill analysis dated June 15, 2026 describes as punishable by up to five years in prison and a $5,000 fine.
• It amends section 83.56(2)(a) so that fraudulent entry ends a tenancy on written notice, with 7 days to vacate and no opportunity to cure.
• The new crime takes its definitions from the landlord tenant act, and section 83.42(3) says that act does not apply to transient occupancy in public lodging.
• Under section 509.013(12), occupancy of a vacation rental is transient unless a written rental or lease agreement expressly states that the unit is the guest's sole residence.

What HB 1293 makes a crime

The enrolled bill is short. A person commits the offense by "knowingly and willfully" entering into and taking possession of a residential dwelling unit in one of three ways.

• A false identity on the application. Making a materially false written statement about the person's identity in a rental application.
• Forged paperwork. Presenting forged, fictitious, or counterfeit documents to the landlord. The bill names a driver license, an identification card, a bank statement, and a paystub.
• Impersonation. Posing as another person in whose name a rental application is submitted, in order to sign the agreement or take possession.

The background is the kind of case CBS12 reported on September 25, 2026: a Wellington resident arrested in April 2026 and, the station reports, named in at least 26 eviction cases dating to 2005.

The civil half: 7 days and no cure

Section 83.56(2)(a) already listed violations a tenant gets no chance to fix, such as intentional property damage. As of October 1, 2026, the current text adds "an act of fraudulent entry of a residential dwelling unit which violates s. 817.537(2)" to that list. The landlord delivers written notice and the tenant has 7 days from delivery to vacate.

The National Apartment Association's summary notes that the termination right does not depend on a criminal case being opened first.

Does the law apply to a vacation rental guest?

The bill never mentions vacation rentals, hotels, or chapter 509. The answer comes from the definitions it imports.

The definitions come from the landlord tenant act

Section 817.537(1) says "dwelling unit," "landlord," and "rental agreement" carry the meanings given in section 83.43. That section sits in Part II of Chapter 83, the Florida Residential Landlord and Tenant Act. A dwelling unit there is a structure "rented for use as a home, residence, or sleeping place," and a landlord is "the owner or lessor of a dwelling unit."

Read alone, those words are broad. The limit is one section earlier.

The exclusion for transient public lodging

Section 83.42 lists what Part II does not apply to. Item 3 is "transient occupancy in a hotel, condominium, motel, roominghouse, or similar public lodging."

A licensed vacation rental is public lodging by definition. Section 509.242(1)(c) defines a vacation rental as a condominium or cooperative unit, or a one to four family house or dwelling unit, "that is also a transient public lodging establishment." Section 509.013(4)(a)1 defines that term as a unit rented to guests more than three times in a calendar year for periods of less than 30 consecutive days, or advertised as regularly rented that way.

Put together, the stronger reading is that a guest on a nightly or weekly booking at a licensed vacation rental is in transient occupancy of public lodging, outside the landlord tenant act, and so outside the terms the new felony is built from. Two cautions apply. A prosecutor could argue the imported definitions stand on their own, and no court has ruled either way. The civil half is clearer: the 7 day notice lives in section 83.56, inside Part II, so it is not available against a transient guest at all.

There is also a practical gap. Two of the three acts require a "rental application," and a nightly booking is usually a reservation, not an application.

The monthly stay is where the line moves

The sole residence sentence

Section 509.013(12) says transient occupancy "includes the occupancy of a dwelling unit at a hotel, motel, vacation rental, bed and breakfast inn, or timeshare project" unless "a written rental or lease agreement expressly states that the dwelling unit is the sole residence of the guest."

So under Chapter 509, a 60 night stay at a licensed vacation rental is still transient if the written agreement is silent on residence, and nontransient if the agreement says the unit is the guest's sole residence. Length alone does not flip it. One sentence does.

A caution on the Chapter 83 side: section 83.43(18) defines transient occupancy by whether the parties intend the stay to be temporary. The two chapters use different wording, so the sole residence sentence is the clearest signal a host controls, not a guarantee.

Guest or tenant: what each side gives you

If the stay is transient (Chapter 509):

• Removal runs through section 509.141: notice to leave, and a guest who remains commits a second degree misdemeanor.
• On the operator's request, a law enforcement officer has a duty to remove the guest.
• The new felony and the 7 day notice most likely do not apply.

If the stay is a tenancy (Chapter 83):

• A fake identity, forged documents, or impersonation at application is now a third degree felony.
• You can terminate on 7 days' written notice with no cure.
• If the tenant stays past day 7, the House analysis states the path: the landlord recovers possession "by filing an action for possession." That is a court eviction.

The timeline difference is concrete. A transient guest served notice on October 5 can be removed by an officer on October 5. A tenant served a fraud notice on October 5 has until October 12 to leave (5 + 7 = 12), and a court filing starts only after that.

This is the same question behind the 28 night line in DC's overstay bill, answered by a different mechanism, and it matters more as hosts take on more monthly stays.

What a host already has when a nightly guest lies

Florida's lodging statute already covers the outcome a host cares about, which is getting the unit back.

Under section 509.141, an operator may remove a guest for nonpayment, for failing to check out on time, for disturbing others, or for conduct the operator considers detrimental to the establishment. Notice may be oral or written, with one exception: for nonpayment or an overstay it must be in writing "via e-mail, text message, or printed paper." The statute supplies the wording: "You are hereby notified that this establishment no longer desires to entertain you as its guest, and you are requested to leave at once. To remain after receipt of this notice is a misdemeanor under the laws of this state."

The refund the statute requires

If the guest paid in advance, the operator must tender "the unused portion of the advance payment" when giving notice, and may withhold payment "for each full day that the guest has been entertained."

Run it on a prepaid 30 night stay at $150 a night, $4,500 in total. Eject the guest after 9 full days and you may keep 9 x $150 = $1,350. You tender $4,500 - $1,350 = $3,150 with the notice.

Screening is still your job

Because the felony most likely does not reach a transient guest, deterrence comes from your own records. On a direct booking there is no platform between you and the guest, so the identity record is whatever you collect: a government ID that matches the name on the card, a signed agreement, and the booking messages.

What to do this week

1. Read your monthly agreement for residence language. Search for "sole residence," "primary residence," and "domicile." If the words are there, you have likely chosen the tenancy side for that stay.
2. Decide which regime you want before you write the agreement. The transient side gives faster removal. The tenancy side gives the felony and the 7 day notice, plus a court process.
3. Confirm your license. The Chapter 509 argument depends on the unit being a licensed vacation rental. Local rules sit on top of state licensing, as our post on Florida preemption and building level enforcement explains.
4. Keep the section 509.141 notice on file. Save the statutory wording as a template you can send by text or email, and know how you would refund unused nights the same day.
5. Keep an application record for any stay you treat as a tenancy. The felony depends on a false written statement or forged document. Without one, there is little to charge.
6. Ask a Florida attorney before relying on either reading. The statute is new and untested.

If you take monthly bookings on your own website, the agreement and the ID check are yours to set. Haven builds direct booking sites where hosts keep the guest relationship and the guest data, and guest screening is available through Truvi.

What to watch next

Watch charging decisions first: whether any state attorney files under section 817.537 against someone who booked public lodging. Then watch the 2027 legislative session, where a short amendment could add or exclude transient stays. Florida is not alone in drawing these lines by duration, which is why 30 days keeps appearing in rental law.

FAQ

Does Florida's new rental fraud law apply to Airbnb guests?

Most likely not for a typical short stay. Section 817.537, effective October 1, 2026, uses definitions from Florida's landlord tenant act, and section 83.42(3) says that act does not apply to transient occupancy in public lodging. A licensed vacation rental is public lodging under Chapter 509. No court has ruled on the question yet.

Is a 3 month snowbird guest a tenant in Florida?

It depends on the agreement more than the length. Under section 509.013(12), occupancy of a vacation rental is transient unless a written rental or lease agreement expressly states the unit is the guest's sole residence. Without that statement, a 90 night stay at a licensed vacation rental is still transient under Chapter 509.

Can I use the 7 day fraud notice on a vacation rental guest?

Not on a transient guest. The 7 day notice is in section 83.56(2)(a), part of the landlord tenant act, which excludes transient occupancy in public lodging. For a transient guest the tool is section 509.141: notice to leave, then removal by law enforcement on request.