Florida 2022 2022 Regular Session

Florida House Bill H0577 Comm Sub / Bill

Filed 02/17/2022

                       
 
CS/CS/HB 577  	2022 
 
 
 
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hb0577-02-c2 
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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; amending s. 83.53, F.S.; revising what 3 
constitutes reasonable notice for repairs of dwelling 4 
units; creating s. 83.684, F.S.; defining the term 5 
"student apartment"; requiring the landlord of a 6 
student apartment to provide certain information to a 7 
tenant when a rental agreement or the renewal of a 8 
rental agreement for such apartment is executed; 9 
amending s. 509.211, F.S.; requiring the landlord of a 10 
student apartment to maintain, and make accessible to 11 
certain persons and during certain discovery, a log 12 
that accounts for certain information for a specified 13 
time period; providing effective dates. 14 
 15 
Be It Enacted by the Legislature of the State of Florida: 16 
 17 
 Section 1.  This act may be cited as "Miya's Law." 18 
 Section 2.  Subsection (2) of section 83.53, Florida 19 
Statutes, is amended to read: 20 
 83.53  Landlord's access to dwelling unit. — 21 
 (2)  The landlord may enter the dwelling unit at any time 22 
for the protection or preservation of the premises. The landlord 23 
may enter the dwelling unit upon reasonable notice to the tenant 24 
and at a reasonable time for the purpose of repair of the 25     
 
CS/CS/HB 577  	2022 
 
 
 
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premises. "Reasonable notice" for the purpose of repair is 26 
notice given at least 24 12 hours prior to the entry, and 27 
reasonable time for the purpose of repair shall be between the 28 
hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 29 
dwelling unit when necessary for th e further purposes set forth 30 
in subsection (1) under any of the following circumstances: 31 
 (a)  With the consent of the tenant; 32 
 (b)  In case of emergency; 33 
 (c)  When the tenant unreasonably withholds consent; or 34 
 (d)  If the tenant is absent from the premi ses for a period 35 
of time equal to one -half the time for periodic rental payments. 36 
If the rent is current and the tenant notifies the landlord of 37 
an intended absence, then the landlord may enter only with the 38 
consent of the tenant or for the protection or p reservation of 39 
the premises. 40 
 Section 3.  Section 83.684, Florida Statutes, is created to 41 
read: 42 
 83.684  Student apartment tenant notification. — 43 
 (1)  For purposes of this section, the term "student 44 
apartment" means a public lodging establishment classif ied under 45 
s. 509.242(1)(d) or (e) as a nontransient apartment or transient 46 
apartment, respectively, which has 15 or more dwelling units and 47 
in which either: 48 
 (a)  Sixty percent of the apartment's tenants are enrolled 49 
at an accredited college or university; or 50     
 
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 (b)  The apartment holds itself out to the public as a 51 
student apartment. 52 
 (2)  When a rental agreement or the renewal of a rental 53 
agreement for a student apartment is executed, the landlord of 54 
such apartment must: 55 
 (a)  Notify the tenant in writing whether the landlord 56 
requires any of his or her current or potential employees to 57 
undergo a background screening and, if so, such notification 58 
must also state all of the following: 59 
 1.  The type of background screening per formed. 60 
 2.  That the landlord has discretion to make employment 61 
decisions, regardless of a current or potential employee's 62 
background screening results. 63 
 3.  That state law does not disqualify any current or 64 
potential employee from working at a public lod ging 65 
establishment classified under s. 509.242(1)(d) or (e) as a 66 
nontransient apartment or transient apartment, respectively, 67 
because of his or her background screening results. 68 
 (b)  Provide a list to the tenant of every employee or 69 
contractor who has acc ess to a master key and such list must be 70 
posted in a conspicuous place on the grounds of the student 71 
apartment. 72 
 Section 4.  Effective January 1, 2023, subsection (5) is 73 
added to section 509.211, Florida Statutes, to read: 74 
 509.211  Safety regulations. — 75     
 
CS/CS/HB 577  	2022 
 
 
 
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 (5)  The landlord of a student apartment, as defined in s. 76 
83.684(1), must: 77 
 (a)  Maintain a log that accounts for all of the following: 78 
 1.  The issuance and return of all keys for each dwelling 79 
unit. 80 
 2.  The name of, and date and time on which, each e mployee 81 
or contractor who enters each dwelling unit. 82 
 (b)  Make such log accessible: 83 
 1.  To a law enforcement officer as needed in connection 84 
with the performance of his or her duties. 85 
 2.  To a tenant, but only with respect to that tenant's 86 
dwelling unit. 87 
 3.  During discovery in a civil action. 88 
 (c)  Maintain such log for at least 2 years. 89 
 Section 5.  Except as otherwise expressly provided in this 90 
act, this act shall take effect July 1, 2022. 91