One of the biggest misconceptions among Florida property owners is that HB 1293 and Florida's Anti-Squatter Law do the same thing. They don't. While both laws are meant to protect property owners, they are different. When someone is occupying your property illegally, you need to understand the difference so you can take the appropriate legal measures to remove that party.
What Is Florida's Anti-Squatter Law?
Florida's Anti-Squatter Law gives residential property owners a faster way to remove certain unauthorized occupants without first going through the traditional eviction process. It became law in 2024.
Prior to this, property owners often had to file lengthy civil actions even when the people occupying the home had never been legitimate tenants.
Now, qualifying property owners can submit a verified complaint to the county sheriff requesting immediate removal of unauthorized occupants, provided all statutory requirements are met.
The law was designed to address true squatters, not landlord/tenant disputes about properties with valid leases.
What Is HB 1293?
HB 1293 addresses a different problem. Instead of targeting people who enter property without permission, HB 1293 focuses on people who fraudulently obtain permission by using false identities or forged documents during their application process.
Under the law, a person commits the offense of "fraudulent entry" by:
- Making materially false statements about their identity on a rental application.
- Presenting forged or counterfeit documents such as identification cards, bank statements, or pay stubs.
- Impersonating another person to obtain possession of a rental property.
HB 1293 also allows landlords to treat fraudulent entry as a non-curable lease violation, which means the lease can be terminated right away without giving the tenant an opportunity to correct the violation.
The Biggest Difference Between the Anti-Squatter Law and HB 1293
The easiest way to understand these laws is to ask one question: Did the person ever have permission to be there?
Florida Anti-Squatter Law
The occupant never had lawful permission to occupy the property. Examples include:
- Breaking into a vacant home
- Remaining in a property after entering without authorization
- Claiming ownership without a legitimate legal basis
These situations may qualify for the expedited removal process available under Florida's Anti-Squatter Law.
HB 1293
The occupant appeared to have permission, but obtained it through fraud. Examples include:
- Using a fake driver's license
- Submitting forged pay stubs
- Using someone else's identity
- Providing counterfeit bank statements
The landlord voluntarily handed over possession because they believed the applicant was legitimate. HB 1293 specifically targets this type of deception.
Why Florida Needed Both Laws
Florida's Legislature didn't replace one law with another. The 2024 Anti-Squatter Law helps property owners remove totally unauthorized occupants who never had a valid rental agreement.
HB 1293 addresses applicants who successfully obtain a lease through identity fraud or forged documents. A person in this scenario would not be referred to as a "squatter," and there is a lease involved.
Which Law Applies?
| Situation | Anti-Squatter Law | HB 1293 |
|---|---|---|
| Someone breaks into a vacant home | ✔ | |
| Someone refuses to leave after entering without any permission whatsoever | ✔ | |
| Applicant uses fake identification to rent a home | ✔ | |
| Applicant submits forged pay stubs | ✔ | |
| Applicant impersonates another person | ✔ | |
| Occupant never had a rental agreement | ✔ | |
| Occupant obtained a lease through fraud | ✔ |
Can Someone Be Both a Squatter and a Fraudulent Tenant?
Possibly. Some situations may begin as rental fraud and later become an eviction or possession dispute. For example, an applicant could allegedly use forged documents to obtain a lease and then refuse to leave after the landlord discovers the fraud.
What This Means for Florida Landlords
Neither new law eliminates the importance of careful tenant screening. Property owners and professional property managers should continue to:
- Verify government-issued identification.
- Independently confirm employment.
- Review income documentation for inconsistencies.
- Run professional background and credit screening.
- Contact previous landlords when appropriate.
- Keep copies of all applications and supporting documents.
Strong screening procedures remain the best way to prevent fraud before possession of the property is ever transferred. For a deeper look at the new fraud statute, see our full guide to Florida HB 1293 and what takes effect October 1, 2026.
Property Manager for Compliance in Tampa, FL
If you are the owner of a single-family or multi-family property and need expert guidance with leasing, compliance, eviction, or tenant screening, reach out to Vintage Real Estate Services for a free assessment by clicking right here.
