Florida Senate - 2022 CS for SB 898 By the Committee on Community Affairs; and Senators Stewart, Perry, Taddeo, Book, Berman, Bracy, Polsky, and Cruz 578-02326-22 2022898c1 1 A bill to be entitled 2 An act relating to tenant safety; providing a short 3 title; creating s. 83.515, F.S.; requiring landlords 4 of nontransient or transient apartments to require 5 employees to undergo background screenings as a 6 condition of employment; specifying requirements for 7 the employee background screenings; authorizing 8 landlords to disqualify persons from employment under 9 certain circumstances relating to criminal offenses; 10 amending s. 83.53, F.S.; revising what constitutes 11 reasonable notice for repairs of dwelling units; 12 amending s. 509.211, F.S.; requiring public lodging 13 establishments licensed as nontransient or transient 14 apartments to take certain actions relating to 15 employee background screenings and keys for dwelling 16 units; requiring such establishments to provide proof 17 of compliance to the Division of Hotels and 18 Restaurants of the Department of Business and 19 Professional Regulation upon request; providing 20 effective dates. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. This act may be cited as “Miya’s Law.” 25 Section 2. Section 83.515, Florida Statutes, is created to 26 read: 27 83.515 Background screening of apartment employees; 28 employment disqualification.— 29 (1) The landlord of a public lodging establishment 30 classified under s. 509.242(1)(d) or (e) as a nontransient 31 apartment or transient apartment, respectively, must require 32 that each employee of the establishment undergo a background 33 screening as a condition of employment. 34 (2) The background screening required under subsection (1) 35 must be performed by a consumer reporting agency in accordance 36 with the federal Fair Credit Reporting Act, and must include a 37 screening of criminal history records and sexual predator and 38 sexual offender registries of all 50 states and the District of 39 Columbia. 40 (3) A landlord may disqualify a person from employment if 41 the person has been convicted or found guilty of, or entered a 42 plea of guilty or nolo contendere to, regardless of 43 adjudication, any of the following offenses: 44 (a) A criminal offense involving disregard for the safety 45 of others which, if committed in this state, is a felony or a 46 misdemeanor of the first degree or, if committed in another 47 state, would be a felony or a misdemeanor of the first degree if 48 committed in this state. 49 (b) A criminal offense committed in any jurisdiction which 50 involves violence, including, but not limited to, murder, sexual 51 battery, robbery, carjacking, home-invasion robbery, and 52 stalking. 53 Section 3. Subsection (2) of section 83.53, Florida 54 Statutes, is amended to read: 55 83.53 Landlord’s access to dwelling unit.— 56 (2) The landlord may enter the dwelling unit at any time 57 for the protection or preservation of the premises. The landlord 58 may enter the dwelling unit upon reasonable notice to the tenant 59 and at a reasonable time for the purpose of repair of the 60 premises. “Reasonable notice” for the purpose of repair is 61 notice given at least 24
12hours prior to the entry, and 62 reasonable time for the purpose of repair shall be between the 63 hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 64 dwelling unit when necessary for the further purposes set forth 65 in subsection (1) under any of the following circumstances: 66 (a) With the consent of the tenant; 67 (b) In case of emergency; 68 (c) When the tenant unreasonably withholds consent; or 69 (d) If the tenant is absent from the premises for a period 70 of time equal to one-half the time for periodic rental payments. 71 If the rent is current and the tenant notifies the landlord of 72 an intended absence, then the landlord may enter only with the 73 consent of the tenant or for the protection or preservation of 74 the premises. 75 Section 4. Effective January 1, 2023, subsection (5) is 76 added to section 509.211, Florida Statutes, to read: 77 509.211 Safety regulations.— 78 (5) Each public lodging establishment licensed as a 79 nontransient apartment or transient apartment shall do all of 80 the following: 81 (a) Require that each employee of the licensee undergo a 82 background screening as a condition of employment pursuant to s. 83 83.515. 84 (b) Maintain a log accounting for the issuance and return 85 of all keys for each dwelling unit. 86 (c) Establish policies and procedures for the issuance and 87 return of dwelling unit keys and regulating the storage of, and 88 access to, unissued keys. 89 90 Upon request during the division’s annual inspection of the 91 premises, a licensee must provide the division with proof of 92 compliance with this subsection for the inspection. 93 Section 5. Except as otherwise expressly provided in this 94 act, this act shall take effect July 1, 2022.