2022 Legislature                    CS for SB 898, 1st Engrossed
    2         An act relating to lodging standards; providing a
    3         short title; creating s. 83.515, F.S.; requiring
    4         landlords of nontransient or transient apartments to
    5         require employees to undergo background screenings as
    6         a 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; creating s.
   20         509.098, F.S.; prohibiting an operator of a public
   21         lodging establishment from offering an hourly rate for
   22         an accommodation; providing applicability; providing
   23         effective dates.
   25  Be It Enacted by the Legislature of the State of Florida:
   27         Section 1. This act may be cited as “Miya’s Law.”
   28         Section 2. Section 83.515, Florida Statutes, is created to
   29  read:
   30         83.515 Background screening of apartment employees;
   31  employment disqualification.—
   32         (1)The landlord of a public lodging establishment
   33  classified under s. 509.242(1)(d) or (e) as a nontransient
   34  apartment or transient apartment, respectively, must require
   35  that each employee of the establishment undergo a background
   36  screening as a condition of employment.
   37         (2)The background screening required under subsection (1)
   38  must be performed by a consumer reporting agency in accordance
   39  with the federal Fair Credit Reporting Act, and must include a
   40  screening of criminal history records and sexual predator and
   41  sexual offender registries of all 50 states and the District of
   42  Columbia.
   43         (3)A landlord may disqualify a person from employment if
   44  the person has been convicted or found guilty of, or entered a
   45  plea of guilty or nolo contendere to, regardless of
   46  adjudication, any of the following offenses:
   47         (a)A criminal offense involving disregard for the safety
   48  of others which, if committed in this state, is a felony or a
   49  misdemeanor of the first degree or, if committed in another
   50  state, would be a felony or a misdemeanor of the first degree if
   51  committed in this state.
   52         (b)A criminal offense committed in any jurisdiction which
   53  involves violence, including, but not limited to, murder, sexual
   54  battery, robbery, carjacking, home-invasion robbery, and
   55  stalking.
   56         Section 3. Subsection (2) of section 83.53, Florida
   57  Statutes, is amended to read:
   58         83.53 Landlord’s access to dwelling unit.—
   59         (2) The landlord may enter the dwelling unit at any time
   60  for the protection or preservation of the premises. The landlord
   61  may enter the dwelling unit upon reasonable notice to the tenant
   62  and at a reasonable time for the purpose of repair of the
   63  premises. “Reasonable notice” for the purpose of repair is
   64  notice given at least 24 12 hours prior to the entry, and
   65  reasonable time for the purpose of repair shall be between the
   66  hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the
   67  dwelling unit when necessary for the further purposes set forth
   68  in subsection (1) under any of the following circumstances:
   69         (a) With the consent of the tenant;
   70         (b) In case of emergency;
   71         (c) When the tenant unreasonably withholds consent; or
   72         (d) If the tenant is absent from the premises for a period
   73  of time equal to one-half the time for periodic rental payments.
   74  If the rent is current and the tenant notifies the landlord of
   75  an intended absence, then the landlord may enter only with the
   76  consent of the tenant or for the protection or preservation of
   77  the premises.
   78         Section 4. Effective January 1, 2023, subsection (5) is
   79  added to section 509.211, Florida Statutes, to read:
   80         509.211 Safety regulations.—
   81         (5) Each public lodging establishment licensed as a
   82  nontransient apartment or transient apartment shall do all of
   83  the following:
   84         (a)Require that each employee of the licensee undergo a
   85  background screening as a condition of employment pursuant to s.
   86  83.515.
   87         (b)Maintain a log accounting for the issuance and return
   88  of all keys for each dwelling unit.
   89         (c)Establish policies and procedures for the issuance and
   90  return of dwelling unit keys and regulating the storage of, and
   91  access to, unissued keys.
   93  Upon request during the division’s annual inspection of the
   94  premises, a licensee must provide the division with proof of
   95  compliance with this subsection for the inspection.
   96         Section 5. Effective upon this act becoming a law, section
   97  509.098, Florida Statutes, is created to read:
   98         509.098 Prohibition of hourly rates.—
   99         (1) An operator of a public lodging establishment may not
  100  offer an hourly rate for an accommodation.
  101         (2) This section does not apply to an hourly rate charged
  102  by an operator of a public lodging establishment as a late
  103  checkout fee.
  104         Section 6. Except as otherwise expressly provided in this
  105  act and except for this section, which shall take effect upon
  106  this act becoming a law, this act shall take effect July 1,
  107  2022.