HB 577 2022
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hb0577-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to tenant safety; providing a short 2
title; creating s. 83.515, F.S.; requiring landlords 3
of nontransient or transient apartments to require 4
employees to undergo background screenings as a 5
condition of employment; specifying requirements for 6
the employee background screenings; authorizing 7
landlords to disqualify persons from employment under 8
certain circumstances relating to criminal offenses; 9
amending s. 83.53, F.S.; revising what constitutes 10
reasonable notice for repairs of dwelling units; 11
amending s. 509.211, F.S.; requiring public lodging 12
establishments licensed as nontransient or transient 13
apartments to take certain actions relating to 14
employee background screenings and keys for dwelling 15
units; requiring such establishments to provide proof 16
of compliance to the Division of Hotels and 17
Restaurants of the Department of Business and 18
Professional Regulation upon request; providing 19
effective dates. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
23
Section 1. This act may be cited as "Miya's Law." 24
Section 2. Section 83.515, Florida Statutes, is created to 25
HB 577 2022
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hb0577-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
read: 26
83.515 Background screening of apartment employees; 27
employment disqualification.— 28
(1) The landlord of a public lodging establishment 29
classified under s. 509.242(1)(d) or (e) as a nontransient 30
apartment or transient apartment, respectively, must require 31
that each employee of the establishment undergo a background 32
screening as a condition of employment. 33
(2) The background screening required under subsection (1) 34
must be performed by a consumer reporting agency accredited by 35
the Professional Background Screening Association and must 36
include a screening of criminal histor y records and sexual 37
predator and sexual offender registries of all 50 states and the 38
District of Columbia. 39
(3) A landlord may disqualify a person from employment if 40
the person has been convicted or found guilty of, or entered a 41
plea of guilty or nolo co ntendere to, regardless of 42
adjudication, any of the following offenses: 43
(a) A criminal offense involving disregard for the safety 44
of others which, if committed in this state, is a felony or a 45
misdemeanor of the first degree or, if committed in another 46
state, would be a felony or a misdemeanor of the first degree if 47
committed in this state. 48
(b) A criminal offense committed in any jurisdiction which 49
involves violence, including, but not limited to, murder, sexual 50
HB 577 2022
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hb0577-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
battery, robbery, carjacking, home -invasion robbery, and 51
stalking. 52
Section 3. Subsection (2) of section 83.53, Florida 53
Statutes, is amended to read: 54
83.53 Landlord's access to dwelling unit. — 55
(2) The landlord may enter the dwelling unit at any time 56
for the protection or preservation of the premises. The landlord 57
may enter the dwelling unit upon reasonable notice to the tenant 58
and at a reasonable time for the purpose of repair of the 59
premises. "Reasonable notice" for the purpose of repair is 60
notice given at least 24 12 hours prior to the ent ry, and 61
reasonable time for the purpose of repair shall be between the 62
hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 63
dwelling unit when necessary for the further purposes set forth 64
in subsection (1) under any of the following circumstances: 65
(a) With the consent of the tenant; 66
(b) In case of emergency; 67
(c) When the tenant unreasonably withholds consent; or 68
(d) If the tenant is absent from the premises for a period 69
of time equal to one -half the time for periodic rental payments. 70
If the rent is current and the tenant notifies the landlord of 71
an intended absence, then the landlord may enter only with the 72
consent of the tenant or for the protection or preservation of 73
the premises. 74
Section 4. Effective January 1, 2023, subsection (5) is 75
HB 577 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
added to section 509.211, Florida Statutes, to read: 76
509.211 Safety regulations. — 77
(5) Each public lodging establishment licensed as a 78
nontransient apartment or transient apartment shall do all of 79
the following: 80
(a) Require that each employee of the l icensee undergo a 81
background screening as a condition of employment pursuant to s. 82
83.515. 83
(b) Maintain a log accounting for the issuance and return 84
of all keys for each dwelling unit. 85
(c) Establish policies and procedures for the issuance and 86
return of dwelling unit keys and regulating the storage of, and 87
access to, unissued keys. 88
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Upon request during the division's annual inspection of the 90
premises, a licensee must provide the division with proof of 91
compliance with this subsection for the inspection. 92
Section 5. Except as otherwise expressly provided in this 93
act, this act shall take effect July 1, 2022. 94