This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0577z.DOCX
DATE: 3/10/2022
HOUSE OF REPRESENTATIVES STAFF FINAL BILL ANALYSIS
BILL #: CS/CS/CS/HB 577 Tenant Safety
SPONSOR(S): Commerce Committee and Judiciary Committee and Regulatory Reform Subcommittee,
Bartleman and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 898
FINAL HOUSE FLOOR ACTION: 120 Y’s
0 N’s GOVERNOR’S ACTION: Pending
SUMMARY ANALYSIS
CS/CS/CS/HB 577 passed the House on March 10, 2022, as CS/SB 898 as amended. The Senate concurred in the
House amendment to the Senate bill and subsequently passed the bill as amended on March 11, 2022.
On September 24, 2021, Miya Marcano went missing from her apartment in Orlando, Florida, and was later found
dead. A police investigation indicated that Marcano was taken from her apartment by a maintenance worker at the
same apartment complex, who used a master key to enter her apartment.
The “Florida Residential Landlord and Tenant Act” (Act) governs the relationship between landlords and tenants
under a residential rental agreement. The Act provides landlords with certain rights of entry to the dwelling unit. For
example, the landlord may enter a dwelling unit for purposes of repair to the premises, but the landlord must first
give “reasonable notice” of 12 hours to a tenant before entry.
Currently, Florida law does not require landlords of apartments, which are regulated by the Department of Business
and Professional Regulation (DBPR), to perform a background check on employees or potential employees, nor
does it require landlords of apartments to exclude employees due to their criminal history.
The bill, entitled “Miya’s Law,” increases the time period that a landlord must give to a tenant prior to entering the
dwelling unit for repairs to 24 hours, from 12 hours.
The bill requires a landlord of an apartment to require that each employee of the establishment undergo a
background screening as a condition of employment. Such background screening must include a screening of
nationwide criminal records and sexual offender registries.
The bill allows such a landlord to disqualify a person from employment if the person has been convicted or found
guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, the following:
Certain criminal offenses involving disregard for the safety of others.
Certain violent criminal offenses, such as sexual battery, robbery, carjacking, and stalking.
The bill prohibits an operator of a public lodging establishment from offering an hourly rate for an accommodation,
with an exception for late fees.
Related to regulation of apartments by DBPR, effective January 1, 2023, the bill requires each apartment to:
Require that each employee of the licensee undergo the required background screening.
Maintain a log accounting for the issuance and return of all keys for each dwelling unit.
Establish policies and procedures for the issuance and return of dwelling unit keys.
Upon request during DBPR’s annual inspection of the premises, provide proof of compliance with such
requirements.
The bill may have an indeterminate fiscal impact on state government and does not have an impact on local
governments.
Subject to the Governor’s veto powers, except as otherwise provided, the bill is effective July 1, 2022.
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I. SUBSTANTIVE INFORMATION
A. EFFECT OF CHANGES:
Florida Residential Landlord and Tenant Act
Part II of ch. 83, F.S., known as the “Florida Residential Landlord and Tenant Act” (Act), governs the
relationship between landlords and tenants under a residential rental agreement.
1
The Act provides the following definitions:
“Dwelling unit” means:
o A structure or part of a structure that is rented for use as a home, residence, or sleeping
place by one person or by two or more persons who maintain a common household.
o A mobile home rented by a tenant.
o A structure or part of a structure that is furnished, with or without rent, as an incident of
employment for use as a home, residence, or sleeping place by one or more persons.
“Landlord” means the owner or lessor of a dwelling unit.
“Tenant” means any person entitled to occupy a dwelling unit under a rental agreement.
The Act does not apply to:
2
Residency or detention in a facility when it is incidental to the provision of medical, geriatric,
educational, counseling, religious, or similar services.
Occupancy under a contract of sale of a dwelling unit or property of which it is a part.
Transient occupancy in a public lodging establishment or a mobile home park.
Occupancy by a holder of a proprietary lease in a cooperative apartment.
Occupancy by an owner of a condominium unit.
Any right or duty declared in the Act is enforceable by civil action. A right or duty enforced by civil action
under the Act does not preclude prosecution for a criminal offense related to the lease or leased
property. If either the landlord or the tenant fails to comply with the requirements of the rental
agreement or the Act, the aggrieved party may recover the damages caused by the noncompliance.
3
Under certain circumstances, either party may take action to terminate the lease.
4
Covenant of Quiet Enjoyment
Generally, a tenant is entitled to the right of private, peaceful possession of the dwelling, which includes
limited access to the dwelling unit by the landlord.
5
In the absence of inconsistent express covenants,
an ordinary lease includes an implied covenant of quiet enjoyment under Florida law,
6
and use of the
words "lease" or "demise" in a lease imports a covenant of quiet enjoyment.
7
Thus, a valid ordinary
lease of real estate raises an implied covenant of quiet and peaceful enjoyment of the leased premises
exercisable against the landlord.
8
Landlord’s Obligation to Maintain Premises
1
S. 83.41, F.S., provides that part II, ch. 83, F.S., applies to the rental of a dwelling unit.
2
S. 83.42, F.S.
3
S. 83.55, F.S.
4
S. 83.56, F.S.
5
The Florida Bar, Consumer Pamphlet: Rights and Duties of Tenants and Landlords,
https://www.floridabar.org/public/consumer/tip014/ (last visited Feb. 26, 2022).
6
Fla. Jur. 2d Landlord and Tenant § 90. Stinson, Lyons, Gerlin & Bustamante, P.A. v. Brickell Bldg. 1 Holding Co., Inc., 923 F.2d 810
(11th Cir. 1991); Coral Wood Page, Inc. v. GRE Coral Wood, LP, 71 So. 3d 251 (Fla. 2d DCA 2011); Hankins v. Smith, 103 Fla. 892,
138 So. 494 (1931).
7
Fla. Jur. 2d Landlord and Tenant § 90; Hankins, 138 So. 494.
8
Fla. Jur. 2d Landlord and Tenant § 90; McClosky v. Martin, 56 So. 2d 916 (Fla. 1951); Hankins, 138 So. 494.
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At all times during a tenancy, the landlord must comply with the requirements of applicable building,
housing, and health codes. Where there are no applicable building, housing, or health codes, the
landlord must maintain the roofs, windows, screens, doors, floors, steps, porches, exterior walls,
foundations, and all other structural components in good repair and the plumbing in reasonable working
condition.
9
Landlord’s Access to the Dwelling Unit
The landlord is generally restricted to accessing the dwelling unit under certain scenarios. However,
they may enter the dwelling unit at any time for the protection or preservation of the premises.
10
The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time
for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given
at least 12 hours prior to the entry, and reasonable time for the purpose of repair is between 7:30 a.m.
and 8:00 p.m.
11
The tenant may not unreasonably withhold consent to the landlord to enter the dwelling unit from time
to time in order to inspect the premises; make necessary or agreed repairs, decorations, alterations, or
improvements; supply agreed services; or exhibit the dwelling unit to prospective or actual purchasers,
mortgagees, tenants, workers, or contractors.
12
The landlord may enter the dwelling unit when
necessary for these purposes under any of the following circumstances:
13
With the consent of the tenant;
In case of emergency;
When the tenant unreasonably withholds consent; or
If the tenant is absent from the premises for a period of time equal to one-half the time for
periodic rental payments; but if the rent is current and the tenant notifies the landlord of an
intended absence, then the landlord may enter only with the consent of the tenant or for the
protection or preservation of the premises.
The landlord may not abuse the right of access or use it to harass the tenant.
14
Public Lodging Establishments
The Division of Hotels and Restaurants (division) within the Department of Business and Professional
Regulation (DBPR) is the state agency charged with enforcing the provisions of ch. 509, F.S., relating
to the regulation of public lodging establishments and public food service establishments for the
purpose of protecting the public health, safety, and welfare.
“Public lodging establishments” includes transient and nontransient public lodging establishments.
15
The principal difference between a transient and nontransient public lodging establishment is how
frequently the establishment is rented in a calendar year and the duration of the rental.
A “transient public lodging establishment” is:
Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests more than three times in a calendar year for periods of less
than 30 days or one calendar month, whichever is less, or which is advertised or held out to the
public as a place regularly rented to guests.
16
9
S. 83.51(1), F.S.
10
S. 83.53(2), F.S.
11
Id.
12
S. 83.53(1), F.S.
13
S. 83.53(2), F.S.
14
S. 83.53(3), F.S.
15
S. 509.013(4)(a), F.S.
16
S. 509.013(4)(a)1., F.S
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A “nontransient public lodging establishment” is:
Any unit, group of units, dwelling, building, or group of buildings within a single complex of
buildings which is rented to guests for periods of at least 30 days or one calendar month,
whichever is less, or which is advertised or held out to the public as a place regularly rented to
guests for periods of at least 30 days or one calendar month.
17
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient apartment,
transient apartment, bed and breakfast inn, or timeshare project.
18
DBPR’s regulation of public lodging establishments includes:
Sanitation standards;
Inspections; and
Personnel training.
19
For purposes of performing required inspections and the enforcement, the division has the right of entry
and access to public lodging establishments at any reasonable time.
20
If a public lodging establishment operates in violation of ch. 509, F.S., or division rules, the division may
impose the following disciplinary actions:
21
Fines not to exceed $1,000 per offense; and
The suspension, revocation, or refusal of a license.
Nontransient and Transient Apartments
A nontransient apartment is a building or complex of buildings in which 75 percent or more of the units
are available for rent to nontransient tenants. A transient apartment is a building or complex of buildings
in which more than 25 percent of the units are advertised or held out to the public as available for
transient occupancy.
22
The division licenses certain transient and non-transient apartments in the state with 5 or more units.
23
Both transient and non-transient apartments are inspected by the division at least annually.
24
Safety Regulations
Public lodging establishments must follow certain safety regulations.
25
Current law requires every
bedroom or apartment in a public lodging establishment to be equipped with an approved locking
device on each door opening to the outside, to an adjoining room or apartment, or to a hallway.
26
Every
public lodging establishment that is three or more stories in height must have safe and secure railings
on all balconies, platforms, and stairways, and all such railings must be properly maintained and
repaired.
27
Hourly Rates
17
S. 509.013(4)(a)2., F.S.
18
S. 509.242(1), F.S.
19
S. 509.032 (2) (a), F.S.
20
S. 509.032 (2) (b), F.S.
21
S. 509.261(1), F.S.
22
Id.
23
S. 509.013 (4) (b), F.S. Any non-transient apartment renting four units or less or any apartment building inspected by the United
States Department of Housing and Urban Development (HUD) or other entity acting on its behalf that is designated primarily as housing
for tenants at least 62 years of age is exempt from division licensure.
24
S. 509.032(2)(a), F.S.
25
S. 509.211, F.S.
26
S. 509.211 (1) F.S.
27
S. 509.211 (3) F.S.
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According to research, human trafficking for commercial sexual activity and prositution commonly takes
place in hotels or motels.
28
Hourly rental bans at hotels and motels in cities such as Nashville, Charlotte
and Los Angeles
29
have been implemented recently to combat prostitution and human trafficking. It
appears that if a governmental entity has a reasonable basis for banning hourly rates because it leads
to an increase in crime, the ordinace will be allowed.
30
Currently, public lodging establishments,
including hotels and motels, are not prohibited from offering hourly rates for accommodations to
customers in Florida.
Employee Background Screenings
Generally, criminal background screenings used for employment are generated by searching various
databases for criminal history, including misdemeanor and felony convictions and pending cases.
31
There is no requirement in Florida law that apartments must perform a background check on
employees or potential employees nor does it requires landlords or apartments to exclude potential
employees due to their criminal history.
The law also does not prevent an apartment from performing a criminal background check on potential
employees on its own accord, but the employer must follow federal standards under Title VII of the Civil
Rights Act of 1964, as it relates to employment discrimination, and the Fair Credit Reporting Act
(FCRA) as it relates to requirements for how a background check is conducted and applied to
employment.
Florida law provides employers that conduct a background investigation with the legal presumption that
they were not negligent in hiring. As long as the background check didn't uncover any information that
reasonably demonstrates that the employee was unfit for the job or employment in general, the
employer is entitled to a presumption that it did not act negligently.
32
Third Party Background Screening
There are hundreds of companies engaged in employment and tenant background screening across
the United States.
33
These companies are defined as “consumer reporting agencies” (CRAs), pursuant
to the FCRA and are regulated by both the Federal Trade Commission and Consumer Financial
Protection Bureau.
34
The FCRA promotes the accuracy, fairness, and privacy of information that
consumer reporting agencies and their related entities collect.
35
The FCRA governs the acts of CRAs,
entities that furnish information to CRAs (furnishers), and individuals who use credit reports issued by
CRAs. Specifically, CRAs and their furnishers must adopt methods to ensure the information they
collect and report is accurate.
28
The Polaris Project, The Typology of Modern Slavery: Defining Sex and Labor Trafficking in the United States, (March 2017)
https://polarisproject.org/wp-content/uploads/2019/09/Polaris-Typology-of-Modern-Slavery-1.pdf (last visited Feb.8, 2022).
29
Billy Kobin, Courrier Journal, Louisville Metro Council targets hourly hotel room rentals to fight human trafficking, Louisville ordinance
bans hourly, under 12 hour hotel room rentals (courier-journal.com) (last visited Mar. 11, 2022).
30
Generally, these ordinances are allowed under the U.S. Supreme Court’s “secondary effects doctrine,” which permits normally
unconstitutional content-based regulation to be treated as if it were content-neutral. The doctrine took shape in the context of regulation
of adult entertainment businesses, which allegedly impose adverse side effects — for example, increased crime and decreased
property values — on the communities in which they are situated. David L. Hudson Jr., The First Amendment Encyclopedia, Secondary
Effects Doctrine, https://www.mtsu.edu/first-amendment/article/26/secondary-effects-doctrine (last visited Mar. 11, 2022).
31
GoodHire, Criminal Background Check For Employment, https://www.goodhire.com/screening/criminal-background-check/ (last
visited Feb. 26, 2022).
32
S. 768.096, F.S.; Lisa Guerin, Florida Laws on Employer Use of Arrest and Conviction Records, Nolo.com,
https://www.nolo.com/legal-encyclopedia/florida-laws-employer-use-arrest-conviction-records.html (last visited Feb. 26, 2022).
33
Professional Background Screening Association (PBSA), About PBSA, available at https://thepbsa.org/about-us/about-pbsa/ (last
visited Feb. 26, 2022.)
34
Id.
35
Consumer Finance Bureau, A Summary of Your Rights Under the Fair Credit Reporting Act (Sept. 18, 2018), 12 CFR 1022, available
at https://www.consumer.ftc.gov/articles/pdf-0096-fair-credit-reporting-act.pdf (last visited Feb. 26, 2022). See also, Federal Trade
Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-reporting-act (last visited Feb. 26, 2022).
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Individuals can review the information a CRA has collected on them to ensure that it is accurate, and
may dispute its accuracy—which triggers a CRA’s and furnisher’s duty to reinvestigate the information.
Individuals may also request to review the information a CRA has in his or her file, the sources of the
information, and the identity of those to whom the information was disclosed.
A CRA cannot provide information in a consumer report to anyone who does not have a specified
purpose in the FCRA.
36
Statutory Background Screenings
Florida provides standard procedures for screening a prospective employee where the Legislature has
determined it is necessary to conduct a criminal history background check to protect vulnerable
persons.
37
The state mandates background screenings for all state employees
38
and many professions
that interact with vulnerable persons.
39
Such criminal history check must include a Florida criminal history provided by the Florida Department
of Law Enforcement (FDLE). The information may be provided by a private vendor only if that
information is directly obtained from the FDLE for each request.
40
A Level 1 screening is a name-based demographic screening that includes a statewide criminal record
check through the FDLE.
41
A Level 1 background screening involves a name-based search of Florida
records, including employment history, state and local criminal history check, and a search of the
National Sex Offender Public Website.
42
A Level 2 screening consists of a fingerprint-based search of the FDLE and the Federal Bureau of
Investigation databases for state and national criminal arrest records.
43
A Level 1 screening and Level 2
screening have the same disqualifying offenses, including, but not limited to, domestic violence, sexual
misconduct, murder, and other violent or sexually-based offenses.
44
Miya Marcano
On September 24, 2021, Miya Marcano, a student at Valencia College, went missing from her
apartment in Orlando, Florida, where she also worked at the front office. She was later found dead
miles from her apartment.
45
Investigators for the Orange County Sheriff’s Office said Marcano was taken from her apartment by
Armando Caballero, who was a maintenance worker at the same apartment complex. It is alleged that
36
Permissible purposes include employment, insurance underwriting that involves the consumer, evaluating the consumer’s eligibility
for licensure or other governmental benefit that considers the applicants financial responsibility or status, or a legitimate business need.
15 U.S.C. § 1681b(a).
37
Ss. 435.01-435.12, F.S.
38
S. 110.1127, F.S.
39
S. 435.02(6), F.S.
40
S. 943.053(12), F.S.
41
S. 435.03, F.S. A Level 1 criminal history record check is “a state-only name-based check.” Florida Department of Law Enforcement
(FDLE), Definitions, https://www.fdle.state.fl.us/Background-Checks/VECHS-FAQs/Definitions.aspx (last visited Feb. 26, 2022).
42
S. 435.03(1), F.S.
43
S. 435.04, F.S.
44
Ss. 435.03(2) and 435.04(2), F.S.
45
Cristobal Reyes, Miya Marcano’s family again blasts Orange sheriff after autopsy released: ‘Precious moments’ lost, Orlando
Sentinel, Orlando Sentinel (Dec. 28, 2021), https://www.orlandosentinel.com/news/crime/os-ne-miya-marcano-autopsy-response-
20211228-svqnw6bdozaghnoijjevdgkgoi-story.html (last visited Feb. 26, 2022); Vanessa Etienne, Miya Marcano Cause of Death Ruled
a 'Homicide by Undetermined Means': Medical Examiner, People (Dec. 29, 2021) https://people.com/crime/texas-girls-abduction-
inspired-amber-alert-26-years-later-case-remains-unsolved/ (last visited Feb. 26, 2022).
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he used a master key fob for the apartment complex to enter her apartment. Caballero was found dead
by apparent suicide a few days after Marcano went missing.
46
Effect of Proposed Changes
The bill is entitled “Miya’s Law,” in memory of Miya Marcano.
Related to the Florida Residential Landlord and Tenant Act:
The bill increases the “reasonable notice” time period that a landlord must give to a tenant prior to
entering the dwelling unit for purposes of repair of the premises, to 24 hours, from 12 hours.
The bill requires a landlord of a nontransient apartment or transient apartment to require that each
employee of the establishment undergo a background screening as a condition of employment. Such
background screening must be performed by a CRA in accordance with the FCRA, and must include a
screening of criminal history records and sexual predator and sexual offender registries of all 50 states
and the District of Columbia.
The bill allows such a landlord to disqualify a person from employment if the person has been convicted
or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, any of
the following offenses:
A criminal offense involving disregard for the safety of others which, if committed in this state, is
a felony or a misdemeanor of the first degree or, if committed in another state, would be a
felony or a misdemeanor of the first degree if committed in this state.
A criminal offense committed in any jurisdiction which involves violence, including, but not
limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, and stalking.
Related to the Regulation of Public Lodging Establishments by the Division:
The bill prohibits an operator of a public lodging establishment from offering an hourly rate for an
accommodation, with an exception for late fees.
Effective January 1, 2023, the bill requires each nontransient apartment or transient apartment to:
Require that each employee of the licensee undergo the background screening as a condition
of employment by the landlord.
Maintain a log accounting for the issuance and return of all keys for each dwelling unit.
Establish policies and procedures for the issuance and return of dwelling unit keys and
regulating the storage of, and access to, unissued keys.
Upon request during the division's annual inspection of the premises, a licensee must provide the
division with proof of compliance with requirements for conducting background screenings, maintaining
a log accounting of keys, and establishing policies and procedures related to keys.
Except as otherwise provided, the bill provides an effective date of July 1, 2022.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
46
Cristobal Reyes, supra note 43.
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DBPR may see an increase in fines related to an operator that fails to provide proof of compliance
with requirements for conducting background screenings, maintaining a log accounting of keys, and
establishing policies and procedures related to keys during an inspection.
2. Expenditures:
DBPR may incur additional expenses during annual inspections due to increased review
requirements.
A. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
B. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
There is a possible indeterminate increase in disciplinary fines related to violations of the bill. There
may be unknown costs to conduct background screenings on current employees and applicants
seeking employment at a transient or nontransient apartment for those apartments who do not currently
conduct such checks.
The bill may have an indeterminate fiscal impact on the private sector by prohibiting hourly rates for
public lodging establishments.
C. FISCAL COMMENTS:
None.