The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Community Affairs
BILL: CS/SB 898
INTRODUCER: Community Affairs Committee; and Senator Stewart, and others
SUBJECT: Tenant Safety
DATE: January 26, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Hunter Ryon CA Fav/CS
2. JU
3. RC
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 898, designated as “Miya’s Law,” makes changes to Florida’s Residential Landlord and
Tenant Act as well as public lodging establishment laws in an effort to provide safety and
security to apartment tenants.
The bill directs landlords or licensees of transient and nontransient apartments to require that all
employees undergo a background screening performed by a consumer reporting agency done in
accordance with the federal Fair Credit Reporting Act as a condition of employment. A person
may be disqualified from employment based on the background screening if the person has been
found guilty or plead no contest to certain offenses including those involving violence and
disregard for safety.
Under the bill, apartments must maintain a log accounting for the issuance and return of all keys
for each dwelling unit, and establish policies for the issuance and return of unit keys, as well as
storage and access to unissued keys. An apartment’s key logs and employee background
screening files are subject to the Department of Business and Professional Regulation’s annual
inspection of apartments. This portion of the bill takes effect on January 1, 2023.
The bill changes from 12 hours to 24 hours the “reasonable notice” that a landlord must give a
tenant for entry of a unit for the purpose of repair for all tenancies.
Except as otherwise expressly provided, the bill takes effect on July 1, 2022.
REVISED: BILL: CS/SB 898 Page 2
II. Present Situation:
The Florida Residential Landlord and Tenant Act
Residential tenancies are governed by the Florida Residential Landlord and Tenant Act (act).
1
The landlord is the owner or lessor of a dwelling unit. The tenant is a person entitled to occupy a
dwelling unit under a rental agreement, in which the tenant makes periodic payments of rent to
the landlord.
2
When people enter into a landlord and tenant relationship, as evidenced by a rental
agreement, each party commits to abide by certain legal obligations and responsibilities. Rental
agreements may be written or oral.
3
Oral rental agreements are for a duration of less than one
year.
4
Every rental agreement carries with it an obligation of good faith in both performance and
enforcement.
5
Landlords are entitled to collect security deposits from tenants and hold the
deposits as security against the performance of the rental agreement.
6
Landlords and tenants have different obligations to maintain the property. Landlords must
comply with building, housing, and health codes, and for dwelling units other than a single-
family home or a duplex, a landlord must provide for:
The extermination of insects and rodents;
Locks and keys;
The clean and safe condition of common areas;
Garbage removal; and
Heat during winter, running water, and hot water.
7
Tenants, in turn, must:
Comply with building, housing and health codes that apply to tenants;
Keep the premises clean and sanitary;
Keep plumbing fixtures clean and sanitary and in repair;
Use and operate electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and
other appliances in a reasonable manner;
Not destroy or damage the premises or property or allow others to do so; and
Not disturb the peace.
8
A landlord may enter a dwelling unit at any time for the protection or preservation of the
premises.
9
The landlord may enter a dwelling unit with 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 a notice given at least 12 hours prior to the entry, and reasonable time for the purpose of
1
Part II of Chapter 83, F.S., s. 83.40, F.S.
2
Sections 83.43(3), (4), and (6), F.S.
3
Section 83.43(7), F.S.
4
Id.
5
Section 83.44, F.S.
6
Section 83.43(12), F.S.
7
Sections 83.51(1)(a) and (2)(a), F.S.
8
Section 83.52, F.S.
9
Section 83.53(2), F.S. BILL: CS/SB 898 Page 3
repair is defined as between the hours of 7:30 a.m. and 8:00 p.m.
10
A landlord cannot abuse the
right of access nor use it to harass the tenant.
11
Transient and Non-transient Apartments
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.
The division licenses transient and non-transient apartments in the state. 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.
12
The regulation of public lodging establishments includes, but is not limited to, sanitation
standards, inspections, and training and testing of personnel. Both transient and non-transient
apartments are inspected by the division at least annually.
13
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.
14
The term “public lodging establishments” includes transient and nontransient public lodging
establishments.
15
The principal differences between transient and nontransient public lodging
establishments are the number of times that the establishments are rented in a calendar year and
the duration of the rentals.
A “transient public lodging establishment” is defined in s. 509.013(4)(a)1., F.S., as:
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 1 calendar month, whichever is less, or which is advertised or held
out to the public as a place regularly rented to guests.
A “nontransient public lodging establishment” is defined in s. 509.013(4)(a)2., F.S., as:
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 1 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 1 calendar month.
10
Section 83.53(2), F.S.
11
Section 83.53(3), F.S.
12
Section 509.013 (4) (b), F.S.
13
Section 509.032 (2) (a), F.S.
14
Section 509.032 (2) (b), F.S.
15
Section 509.013(4)(a), F.S. BILL: CS/SB 898 Page 4
Public lodging establishments are classified as a hotel, motel, vacation rental, nontransient
apartment, transient apartment, bed and breakfast inn, or timeshare project.
16
A nontransient apartment is defined as 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.
17
Safety Regulations
Section 509.211, F.S., dictates safety regulations of public lodging establishments. The 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.
18
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.
19
Employee 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.
20
By law, when a criminal history check or a duty to disclose the absence of a criminal history
check is mandated by state law, the criminal history check must include a Florida criminal
history provided by the FDLE. Such Florida criminal history information may be provided by a
private vendor only if that information is directly obtained from the FDLE for each request.
21
A Level 1 screening is a name-based demographic screening that includes a statewide criminal
record check through the Florida Department of Law Enforcement (FDLE).
22
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.
23
A Level 1 screening may be paid for and conducted through FDLE’s website, which
provides immediate results.
24
16
Section 509.242(1), F.S.
17
Id.
18
Section 509.211 (1) F.S.
19
Section 509.211 (3) F.S.
20
Sections 435.01-435.12, F.S.
21
Section 943.053(12), F.S.
22
Section 435.03, F.S. A Level 1 criminal history record check is “a state-only name-based check.” Florida Department of
Law Enforcement, Definitions, https://www.fdle.state.fl.us/Background-Checks/VECHS-FAQs/Definitions.aspx (last visited
Jan. 20, 2022).
23
Section 435.03(1), F.S.
24
FDLE, State of Florida Criminal History Records Check, available at: http://www.fdle.state.fl.us/Criminal-History-
Records/Florida-Checks.aspx (last visited Jan. 20, 2022). BILL: CS/SB 898 Page 5
A Level 2 screening consists of a fingerprint-based search of FDLE and the Federal Bureau of
Investigation databases for state and national criminal arrest records.
25
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.
26
The state mandates background screenings for many professions, including at least a Level 1
screening, and on an agency-determined basis a Level 2, for all state employees.
27
Many
professions require a background screening that interact with vulnerable persons like minors or
vulnerable adults, whose ability to perform the normal activities of daily living or to provide for
his or her own care or protection is impaired due to a mental, emotional, sensory, long-term
physical, or developmental disability or dysfunction, or brain damage, or the infirmities of
aging.
28
Examples of professions requiring background screening include employees who work
in schools, substance abuse and mental health facilities, nursing homes, and massage therapists.
For athletic coaches authorized in the state, a background screening conducted by a commercial
consumer reporting agency in compliance with the federal Fair Credit Reporting Act, which
includes a Level 1 background screening and a search of designated identifying information
against listed sexual predator and sexual offender internet sites is also deemed to satisfy the
specified requirements.
29
Third Party Background Screening
There are hundreds of companies engaged in employment and tenant background screening
across the United States.
30
These companies are defined as “consumer reporting agencies”
(CRAs), pursuant to the Fair Credit Reporting Act (FCRA) and are regulated by both the Federal
Trade Commission and Consumer Financial Protection Bureau.
31
The FCRA promotes the
accuracy, fairness, and privacy of information that consumer reporting agencies and their related
entities collect.
32
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.
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.
25
Section 435.04, F.S.
26
Sections 435.03(2) and 435.04(2), F.S.
27
Section 110.1127, F.S.
28
Section 435.02(6), F.S.
29
Section 943.0438(2)(a)2., F.S.
30
Professional Background Screening Association, About PBSA, available at: https://thepbsa.org/about-us/about-pbsa/ (last
visited Jan. 23, 2022.)
31
Id.
32
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 Jan. 26, 2022).
See also, Federal Trade Commission, Fair Credit Reporting Act, https://www.ftc.gov/enforcement/statutes/fair-credit-
reporting-act (last visited Jan. 26, 2022). BILL: CS/SB 898 Page 6
A CRA cannot provide information in a consumer report to anyone who does not have a
specified purpose in the FCRA.
33
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.
34
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 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.
35
III. Effect of Proposed Changes:
The bill, cited as “Miya’s Law,” creates s. 83.515, F.S., to direct landlords of transient and
nontransient apartments to require all employees to undergo a background screening performed
by a consumer reporting agency done in accordance with the federal Fair Credit Reporting Act
as a condition of employment. The screening must include a screening of criminal history
records and sexual predator and sexual offender registries of all states and the District of
Columbia.
The bill authorizes landlords to disqualify a person from employment based on the background
screening if the person has been convicted of 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
Florida, is a felony or first degree misdemeanor or, if committed in another state, would be a
felony or a misdemeanor of the first degree if committed in Florida; or
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.
Effective January 1, 2023, the bill amends s. 509.211 F.S., to direct all public lodging
establishments licensed by the Division of Hotels and Restaurants as a transient or nontransient
apartment to require all employees to undergo a background screening as a condition of
employment, as provided in s. 83.515, F.S., created in section 1 of the bill. Such licensed
apartments must also maintain a log accounting for the issuance and return of all keys for each
dwelling unit, and establish policies for the issuance and return of unit keys, as well as storage
33
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).
34
Cristobal Reyes, Miya Marcano’s family again blasts Orange sheriff after autopsy released: ‘Precious moments’ lost,
Orlando Sentinel, Orlando Sentinel (Dec. 28, 2021), available at https://www.orlandosentinel.com/news/crime/os-ne-miya-
marcano-autopsy-response-20211228-svqnw6bdozaghnoijjevdgkgoi-story.html (last visited Jan. 16, 2022); Vanessa Etienne,
Miya Marcano Cause of Death Ruled a 'Homicide by Undetermined Means': Medical Examiner, People (Dec. 29, 2021),
available at https://people.com/crime/miya-marcano-cause-of-death-ruled-a-homicide-by-undetermined-means-by-medical-
examiner/ (last visited Jan. 16, 2022).
35
Id. BILL: CS/SB 898 Page 7
and access to unissued keys. Upon request during the division’s annual inspection of the
premises, a licensee must provide proof of compliance with these requirements.
Finally, the bill amends s. 83.53, F.S., to change from 12 hours to 24 hours the “reasonable
notice” that a landlord must give a tenant for entry of a unit for the purpose of repair.
Except as otherwise provided, the bill takes effect on July 1, 2022.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
The cost of the background screening will be borne by either an applicant/employee or
the apartment landlord/licensee, however the bill does not specify. If the cost is to be
borne by the apartment landlord/licensee, this expense may be passed on to apartment
tenants. Background screening requirements may have a negative impact on workforce
availability in affected lodging establishments.
The Division of Hotels and Restaurants currently licenses 19,261 transient and non-
transient apartments. According to the DBPR, if third-party screening rates are similar to
the FDLE rate of $72.99 per person, the total fiscal impact to license holders to process BILL: CS/SB 898 Page 8
one employee per license is $1,405,860.39. However, the associated costs will be much
greater because most properties will have multiple employees requiring screening.
36
Third-party background screening organizations will experience a significant increase in
demand for their services due to this bill.
C. Government Sector Impact:
The bill adds additional items for DBPR to review during annual inspections of
apartments, which may add to inspector workloads. According to the DBPR, the
estimated additional cost is $475,480 ($346,795 recurring).
VI. Technical Deficiencies:
None.
VII. Related Issues:
Lines 34-39 of the bill requires a “third-party” background check conducted by a consumer
reporting agency. According to FDLE, landlords will be responsible for finding a third-party
company that can meet the screening criteria in the bill. FDLE is unaware of the existence of a
vendor with this capability.
37
The bill does not specify a date in which existing apartment employees must obtain a
background screening.
It is unclear how the effective date in section 4 of the bill is intended to operate in concert with
section 2 of the bill.
The sponsor may consider incorporating reference to electronic programmable key cards to the
bill provision requiring apartments to maintain a log accounting for the issuance and return of
dwelling unit keys.
VIII. Statutes Affected:
This bill substantially amends the following sections of the Florida Statutes: 83.53 and 509.211.
This bill creates section 83.515 of the Florida Statutes.
36
DBPR Agency Analysis of SB 898 (Nov. 12, 2021). On file with Senate Community Affairs Committee.
37
FDLE Agency Analysis of SB 898 (Dec. 10, 2021). On file with Senate Community Affairs Committee. BILL: CS/SB 898 Page 9
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Community Affairs on January 25, 2022:
The committee substitute removes the requirement that a background screening required
under the bill be performed by a consumer reporting agency accredited by the
Professional Background Screening Association and replaces it with the requirement that
the background screening be done in accordance with the federal Fair Credit Reporting
Act.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.