Florida Requires Residential Landlords to Conduct Employee Background Screenings and Increase Access Notice to Tenants | Practical Law

Florida Requires Residential Landlords to Conduct Employee Background Screenings and Increase Access Notice to Tenants | Practical Law

Florida has enacted Miya's Law (SB 898) requiring residential apartment landlords to perform employee background checks and to limit employee access to apartments. Miya's Law is named for an Orlando student killed in her apartment in 2021 by a maintenance worker who entered her apartment using the landlord's key fob.

Florida Requires Residential Landlords to Conduct Employee Background Screenings and Increase Access Notice to Tenants

by Practical Law Real Estate
Published on 11 Jul 2022 • Florida
Florida has enacted Miya's Law (SB 898) requiring residential apartment landlords to perform employee background checks and to limit employee access to apartments. Miya's Law is named for an Orlando student killed in her apartment in 2021 by a maintenance worker who entered her apartment using the landlord's key fob.
On June 27, 2022, Florida Governor Ron DeSantis signed into law Senate Bill 898 (SB 898), titled Miya's Law, requiring landlords of nontransient or transient apartments to conduct employee background screenings and authorizing landlords to disqualify employee candidates for reasons related to certain criminal offenses. The law also increases the length of reasonable notice to residential tenants of landlord repairs to dwelling units. The new law took effect on July 1, 2022, with certain safety regulations becoming operative on January 1, 2023. (2022 Fla. Sess. Law Serv. Ch. 2022-222.)

Background Screenings

Effective July 1, 2022, landlords of public lodging establishments that are classified as either a nontransient or transient apartment under Section 509.242(1)(d) or (e), Fla. Stat. must require each building employee to undergo a background screening as a condition of employment. The screening must:
(§ 83.515(1) and (2), Fla. Stat.)
A landlord may disqualify from employment any person who has committed certain felony or first-degree misdemeanor crimes involving violence or a disregard for safety (§ 83.515(3), Fla. Stat.).

New Safety Regulations

Effective January 1, 2023, a public lodging establishment licensed as a nontransient or transient apartment must also:
  • Maintain a log for issuing and returning all keys for each dwelling unit.
  • Establish policies and procedures for:
    • issuing and returning all unit keys; and
    • regulating the storage and access to unissued keys.
  • Provide proof of compliance to the state Division of Hotels and Restaurants, if requested during the establishment's annual inspection.
(§ 509.211(5), Fla. Stat.)
Although the law specifically addresses only keys, it could reasonably be applied to all other forms of access, including electronic entry.

Landlord's Unit Access for Repairs

While other provisions of Miya's Law apply only to public lodging establishments licensed as nontransient or transient apartments (and excludes other types of lodging, including hotels, vacation rentals, and timeshares), the law also amends the Florida Residential Landlord and Tenant Act (§§ 83.40 to 83.683, Fla. Stat.) by increasing a residential landlord's advance "reasonable notice" period for entering a dwelling unit to make repairs from 12 to 24 hours. Notice is not required if the tenant consents or in the case of an emergency. (§ 83.53, Fla. Stat.)

Practical Implications

Counsel for landlords with Florida rental apartment properties should review the new law to determine its applicability and make any necessary changes to policies and procedures for employment and for dwelling unit access. Landlords should be aware that violating the law could be considered negligence as a matter of law if a dwelling unit resident is injured, killed, or suffers property damage resulting from an employee's action.