FL
Florida House Bill H0577

Florida 2022 Regular Session

Florida House Bill H0577 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to tenant safety; providing a short 2
1616 title; amending s. 83.53, F.S.; revising what 3
1717 constitutes reasonable notice for repairs of dwelling 4
18-units; amending s. 509.211, F.S.; requiring the 5
19-operator of certain apartments to, upon request, 6
20-provide a tenant or prospective tenant with certain 7
21-background screening information; requiring such 8
22-operator to, upon request, provide a tenant with a 9
23-list, which must be updated at least quarterly, of 10
24-certain employees or contractors and post such list 11
25-conspicuously on the grounds of the apartment or the 12
26-apartment's website; requiring such operator to 13
27-maintain, and make accessible to certain persons and 14
28-during certain discovery, a list that accounts for 15
29-certain information for a specified time period; 16
30-requiring a licensee to, upon request, provide the 17
31-Division of Hotels and Restaurants with certain 18
32-information during its annual inspection; providing 19
33-effective dates. 20
34- 21
35-Be It Enacted by the Legislature of the State of Florida: 22
36- 23
37- Section 1. This act may be cited as "Miya's Law." 24
38- Section 2. Subsection (2) of section 83.53, Florida 25
18+units; creating s. 83.684, F.S.; defining the term 5
19+"student apartment"; requiring the landlord of a 6
20+student apartment to provide certain information to a 7
21+tenant when a rental agreement or the renewal of a 8
22+rental agreement for such apartment is executed; 9
23+amending s. 509.211, F.S.; requiring the landlord of a 10
24+student apartment to maintain, and make accessible to 11
25+certain persons and during certain discovery, a log 12
26+that accounts for certain information for a specified 13
27+time period; providing effective dates. 14
28+ 15
29+Be It Enacted by the Legislature of the State of Florida: 16
30+ 17
31+ Section 1. This act may be cited as "Miya's Law." 18
32+ Section 2. Subsection (2) of section 83.53, Florida 19
33+Statutes, is amended to read: 20
34+ 83.53 Landlord's access to dwelling unit. — 21
35+ (2) The landlord may enter the dwelling unit at any time 22
36+for the protection or preservation of the premises. The landlord 23
37+may enter the dwelling unit upon reasonable notice to the tenant 24
38+and at a reasonable time for the purpose of repair of the 25
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4747 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
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51-Statutes, is amended to read: 26
52- 83.53 Landlord's access to dwelling unit. — 27
53- (2) The landlord may enter the dwelling unit at any time 28
54-for the protection or preservation of the premises. The landlord 29
55-may enter the dwelling unit upon reasonable notice to the tenant 30
56-and at a reasonable time for the purpose of repair of the 31
57-premises. "Reasonable notice" for the purpose of repair is 32
58-notice given at least 24 12 hours prior to the entry, and 33
59-reasonable time for the purpose of repair shall be between the 34
60-hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 35
61-dwelling unit when necessary for the further purposes set forth 36
62-in subsection (1) under any of the following circumstances: 37
63- (a) With the consent of the tenant; 38
64- (b) In case of emergency; 39
65- (c) When the tenant unreasonably withholds consent; or 40
66- (d) If the tenant is absent from the pre mises for a period 41
67-of time equal to one -half the time for periodic rental payments. 42
68-If the rent is current and the tenant notifies the landlord of 43
69-an intended absence, then the landlord may enter only with the 44
70-consent of the tenant or for the protection or preservation of 45
71-the premises. 46
72- Section 3. Effective January 1, 2023, subsection (5) is 47
73-added to section 509.211, Florida Statutes, to read: 48
74- 509.211 Safety regulations. — 49
75- (5) An operator of a nontransient apartment or transient 50
51+premises. "Reasonable notice" for the purpose of repair is 26
52+notice given at least 24 12 hours prior to the entry, and 27
53+reasonable time for the purpose of repair shall be between the 28
54+hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 29
55+dwelling unit when necessary for th e further purposes set forth 30
56+in subsection (1) under any of the following circumstances: 31
57+ (a) With the consent of the tenant; 32
58+ (b) In case of emergency; 33
59+ (c) When the tenant unreasonably withholds consent; or 34
60+ (d) If the tenant is absent from the premi ses for a period 35
61+of time equal to one -half the time for periodic rental payments. 36
62+If the rent is current and the tenant notifies the landlord of 37
63+an intended absence, then the landlord may enter only with the 38
64+consent of the tenant or for the protection or p reservation of 39
65+the premises. 40
66+ Section 3. Section 83.684, Florida Statutes, is created to 41
67+read: 42
68+ 83.684 Student apartment tenant notification. — 43
69+ (1) For purposes of this section, the term "student 44
70+apartment" means a public lodging establishment classif ied under 45
71+s. 509.242(1)(d) or (e) as a nontransient apartment or transient 46
72+apartment, respectively, which has 15 or more dwelling units and 47
73+in which either: 48
74+ (a) Sixty percent of the apartment's tenants are enrolled 49
75+at an accredited college or university; or 50
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8484 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
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88-apartment building or complex that consists of at least 15 51
89-individual units must: 52
90- (a) Upon the request of a tenant or prospective tenant, 53
91-provide such individual with information in writing indicating 54
92-whether the operator requires current employees or contractors 55
93-to undergo a background screening and, if so, the operator must 56
94-include all of the following information in writing: 57
95- 1. The positions of the current employees or contractors 58
96-required to undergo a background screening. 59
97- 2. The type of background screening or criminal background 60
98-screening the operator performed and whether such background 61
99-screenings included a search of the National Sex Offender Public 62
100-Website or other similar databases. 63
101- 3. That the operator has discretion to make employment 64
102-decisions, regardless of a current employee's or contractor's 65
103-background screening results. 66
104- 4. That state law does not disqualify any current employee 67
105-or contractor from working at a nontransient apartment or 68
106-transient apartment based on his or her background screening 69
107-results. 70
108- (b) Upon the request of a tenant, provide such individual 71
109-with a list, which must be updated as needed but at least 72
110-quarterly, of every current employee or contractor who has 73
111-access to a master key or fob or access to individual unit keys 74
112-or fobs, and such list must be posted in a conspicuous place on 75
88+ (b) The apartment holds itself out to the public as a 51
89+student apartment. 52
90+ (2) When a rental agreement or the renewal of a rental 53
91+agreement for a student apartment is executed, the landlord of 54
92+such apartment must: 55
93+ (a) Notify the tenant in writing whether the landlord 56
94+requires any of his or her current or potential employees to 57
95+undergo a background screening and, if so, such notification 58
96+must also state all of the following: 59
97+ 1. The type of background screening per formed. 60
98+ 2. That the landlord has discretion to make employment 61
99+decisions, regardless of a current or potential employee's 62
100+background screening results. 63
101+ 3. That state law does not disqualify any current or 64
102+potential employee from working at a public lod ging 65
103+establishment classified under s. 509.242(1)(d) or (e) as a 66
104+nontransient apartment or transient apartment, respectively, 67
105+because of his or her background screening results. 68
106+ (b) Provide a list to the tenant of every employee or 69
107+contractor who has acc ess to a master key and such list must be 70
108+posted in a conspicuous place on the grounds of the student 71
109+apartment. 72
110+ Section 4. Effective January 1, 2023, subsection (5) is 73
111+added to section 509.211, Florida Statutes, to read: 74
112+ 509.211 Safety regulations. — 75
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121121 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
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125-the grounds of the apartment building or complex or on the 76
126-website of the apartment building or complex. 77
127- (c) Maintain a list that accounts for all current 78
128-employees or contractors who have access t o a master key or fob 79
129-or access to individual unit keys or fobs. 80
130- (d) Make the list required under paragraph (c) accessible 81
131-upon request: 82
132- 1. To a law enforcement officer as needed in connection 83
133-with the performance of the officer's official duties. 84
134- 2. To a tenant. 85
135- 3. During discovery in a civil action related to an action 86
136-involving a tenant or the apartment building or complex. 87
137- (e) Maintain the list required under paragraph (c) for at 88
138-least 1 year. 89
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140-During the division's annual inspection of the ap artment 91
141-building or complex, a licensee must, upon request, provide the 92
142-division with proof of compliance with this subsection. 93
143- Section 4. Except as otherwise expressly provided in this 94
144-act, this act shall take effect July 1, 2022. 95
125+ (5) The landlord of a student apartment, as defined in s. 76
126+83.684(1), must: 77
127+ (a) Maintain a log that accounts for all of the following: 78
128+ 1. The issuance and return of all keys for each dwelling 79
129+unit. 80
130+ 2. The name of, and date and time on which, each e mployee 81
131+or contractor who enters each dwelling unit. 82
132+ (b) Make such log accessible: 83
133+ 1. To a law enforcement officer as needed in connection 84
134+with the performance of his or her duties. 85
135+ 2. To a tenant, but only with respect to that tenant's 86
136+dwelling unit. 87
137+ 3. During discovery in a civil action. 88
138+ (c) Maintain such log for at least 2 years. 89
139+ Section 5. Except as otherwise expressly provided in this 90
140+act, this act shall take effect July 1, 2022. 91