ENROLLED 2022 Legislature CS for SB 898, 1st Engrossed 2022898er 1 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. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 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
12hours 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. 92 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.