CS/CS/CS/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
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; amending s. 509.211, F.S.; requiring the 5
operator of certain apartments to, upon request, 6
provide a tenant or prospective tenant with certain 7
background screening information; requiring such 8
operator to, upon request, provide a tenant with a 9
list, which must be updated at least quarterly, of 10
certain employees or contractors and post such list 11
conspicuously on the grounds of the apartment or the 12
apartment's website; requiring such operator to 13
maintain, and make accessible to certain persons and 14
during certain discovery, a list that accounts for 15
certain information for a specified time period; 16
requiring a licensee to, upon request, provide the 17
Division of Hotels and Restaurants with certain 18
information during its annual inspection; providing 19
effective dates. 20
21
Be It Enacted by the Legislature of the State of Florida: 22
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Section 1. This act may be cited as "Miya's Law." 24
Section 2. Subsection (2) of section 83.53, Florida 25
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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
Statutes, is amended to read: 26
83.53 Landlord's access to dwelling unit. — 27
(2) The landlord may enter the dwelling unit at any time 28
for the protection or preservation of the premises. The landlord 29
may enter the dwelling unit upon reasonable notice to the tenant 30
and at a reasonable time for the purpose of repair of the 31
premises. "Reasonable notice" for the purpose of repair is 32
notice given at least 24 12 hours prior to the entry, and 33
reasonable time for the purpose of repair shall be between the 34
hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the 35
dwelling unit when necessary for the further purposes set forth 36
in subsection (1) under any of the following circumstances: 37
(a) With the consent of the tenant; 38
(b) In case of emergency; 39
(c) When the tenant unreasonably withholds consent; or 40
(d) If the tenant is absent from the pre mises for a period 41
of time equal to one -half the time for periodic rental payments. 42
If the rent is current and the tenant notifies the landlord of 43
an intended absence, then the landlord may enter only with the 44
consent of the tenant or for the protection or preservation of 45
the premises. 46
Section 3. Effective January 1, 2023, subsection (5) is 47
added to section 509.211, Florida Statutes, to read: 48
509.211 Safety regulations. — 49
(5) An operator of a nontransient apartment or transient 50
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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
apartment building or complex that consists of at least 15 51
individual units must: 52
(a) Upon the request of a tenant or prospective tenant, 53
provide such individual with information in writing indicating 54
whether the operator requires current employees or contractors 55
to undergo a background screening and, if so, the operator must 56
include all of the following information in writing: 57
1. The positions of the current employees or contractors 58
required to undergo a background screening. 59
2. The type of background screening or criminal background 60
screening the operator performed and whether such background 61
screenings included a search of the National Sex Offender Public 62
Website or other similar databases. 63
3. That the operator has discretion to make employment 64
decisions, regardless of a current employee's or contractor's 65
background screening results. 66
4. That state law does not disqualify any current employee 67
or contractor from working at a nontransient apartment or 68
transient apartment based on his or her background screening 69
results. 70
(b) Upon the request of a tenant, provide such individual 71
with a list, which must be updated as needed but at least 72
quarterly, of every current employee or contractor who has 73
access to a master key or fob or access to individual unit keys 74
or fobs, and such list must be posted in a conspicuous place on 75
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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
the grounds of the apartment building or complex or on the 76
website of the apartment building or complex. 77
(c) Maintain a list that accounts for all current 78
employees or contractors who have access t o a master key or fob 79
or access to individual unit keys or fobs. 80
(d) Make the list required under paragraph (c) accessible 81
upon request: 82
1. To a law enforcement officer as needed in connection 83
with the performance of the officer's official duties. 84
2. To a tenant. 85
3. During discovery in a civil action related to an action 86
involving a tenant or the apartment building or complex. 87
(e) Maintain the list required under paragraph (c) for at 88
least 1 year. 89
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During the division's annual inspection of the ap artment 91
building or complex, a licensee must, upon request, provide the 92
division with proof of compliance with this subsection. 93
Section 4. Except as otherwise expressly provided in this 94
act, this act shall take effect July 1, 2022. 95