Florida Senate - 2022                              CS for SB 898
       By the Committee on Community Affairs; and Senators Stewart,
       Perry, Taddeo, Book, Berman, Bracy, Polsky, and Cruz
       578-02326-22                                           2022898c1
    1                        A bill to be entitled                      
    2         An act relating to tenant safety; providing a short
    3         title; creating s. 83.515, F.S.; requiring landlords
    4         of nontransient or transient apartments to require
    5         employees to undergo background screenings as a
    6         condition of employment; specifying requirements for
    7         the employee background screenings; authorizing
    8         landlords to disqualify persons from employment under
    9         certain circumstances relating to criminal offenses;
   10         amending s. 83.53, F.S.; revising what constitutes
   11         reasonable notice for repairs of dwelling units;
   12         amending s. 509.211, F.S.; requiring public lodging
   13         establishments licensed as nontransient or transient
   14         apartments to take certain actions relating to
   15         employee background screenings and keys for dwelling
   16         units; requiring such establishments to provide proof
   17         of compliance to the Division of Hotels and
   18         Restaurants of the Department of Business and
   19         Professional Regulation upon request; providing
   20         effective dates.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. This act may be cited as “Miya’s Law.”
   25         Section 2. Section 83.515, Florida Statutes, is created to
   26  read:
   27         83.515 Background screening of apartment employees;
   28  employment disqualification.—
   29         (1)The landlord of a public lodging establishment
   30  classified under s. 509.242(1)(d) or (e) as a nontransient
   31  apartment or transient apartment, respectively, must require
   32  that each employee of the establishment undergo a background
   33  screening as a condition of employment.
   34         (2)The background screening required under subsection (1)
   35  must be performed by a consumer reporting agency in accordance
   36  with the federal Fair Credit Reporting Act, and must include a
   37  screening of criminal history records and sexual predator and
   38  sexual offender registries of all 50 states and the District of
   39  Columbia.
   40         (3)A landlord may disqualify a person from employment if
   41  the person has been convicted or found guilty of, or entered a
   42  plea of guilty or nolo contendere to, regardless of
   43  adjudication, any of the following offenses:
   44         (a)A criminal offense involving disregard for the safety
   45  of others which, if committed in this state, is a felony or a
   46  misdemeanor of the first degree or, if committed in another
   47  state, would be a felony or a misdemeanor of the first degree if
   48  committed in this state.
   49         (b)A criminal offense committed in any jurisdiction which
   50  involves violence, including, but not limited to, murder, sexual
   51  battery, robbery, carjacking, home-invasion robbery, and
   52  stalking.
   53         Section 3. Subsection (2) of section 83.53, Florida
   54  Statutes, is amended to read:
   55         83.53 Landlord’s access to dwelling unit.—
   56         (2) The landlord may enter the dwelling unit at any time
   57  for the protection or preservation of the premises. The landlord
   58  may enter the dwelling unit upon reasonable notice to the tenant
   59  and at a reasonable time for the purpose of repair of the
   60  premises. “Reasonable notice” for the purpose of repair is
   61  notice given at least 24 12 hours prior to the entry, and
   62  reasonable time for the purpose of repair shall be between the
   63  hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the
   64  dwelling unit when necessary for the further purposes set forth
   65  in subsection (1) under any of the following circumstances:
   66         (a) With the consent of the tenant;
   67         (b) In case of emergency;
   68         (c) When the tenant unreasonably withholds consent; or
   69         (d) If the tenant is absent from the premises for a period
   70  of time equal to one-half the time for periodic rental payments.
   71  If the rent is current and the tenant notifies the landlord of
   72  an intended absence, then the landlord may enter only with the
   73  consent of the tenant or for the protection or preservation of
   74  the premises.
   75         Section 4. Effective January 1, 2023, subsection (5) is
   76  added to section 509.211, Florida Statutes, to read:
   77         509.211 Safety regulations.—
   78         (5) Each public lodging establishment licensed as a
   79  nontransient apartment or transient apartment shall do all of
   80  the following:
   81         (a)Require that each employee of the licensee undergo a
   82  background screening as a condition of employment pursuant to s.
   83  83.515.
   84         (b)Maintain a log accounting for the issuance and return
   85  of all keys for each dwelling unit.
   86         (c)Establish policies and procedures for the issuance and
   87  return of dwelling unit keys and regulating the storage of, and
   88  access to, unissued keys.
   90  Upon request during the division’s annual inspection of the
   91  premises, a licensee must provide the division with proof of
   92  compliance with this subsection for the inspection.
   93         Section 5. Except as otherwise expressly provided in this
   94  act, this act shall take effect July 1, 2022.