Miya’s Law, Florida Statutes Section 83.515 or CS/SB 898
- Florida
- In Effect: June 27, 2022
TL;DR:
Miya’s Law exists to strengthen residential tenant safety measures including requiring background checks for prospective employees, maintaining a log for each dwelling unit’s keys, and increasing notification requirements for maintenance and repairs from 12 to 24 hours.
The bill is named after Miya Marcano, a young woman and Orlando student who was tragically killed in her apartment in 2021 by a maintenance worker who entered her unit with an apartment key fob.
What it is:
- Landlords of non-transient or transient apartments must require employees to undergo background screenings as a condition of employment.
- This law revises what constitutes reasonable notice for repairs of dwelling units.
- Miya’s Law requires public lodging establishments licensed as non-transient or transient apartments to take certain actions relating to employee background screenings and keys for dwelling units.
- This prohibits an operator of a public lodging establishment from offering an hourly rate for accommodation, etc.
What it means:
Florida Statutes Section 83.515 directs landlords or licensees of transient and non-transient apartments to require all employees to undergo a background screening as a condition of employment. A person may be disqualified from employment if the person has been found guilty of certain offenses involving violence and disregard for safety. Apartments will also be required to maintain a log accounting for the issuance and return of all keys and establish policies for their issuance, return, and storage. The apartment’s key log and background screenings will be subject to the Department of Business and Professional Regulation’s annual inspection of apartments. Additionally, the bill changes the requirement for ‘reasonable notice’ for entry of a unit for maintenance and repairs from 12 hours to 24 hours’ notice. The bill also prohibits operators of public lodging establishments from offering hourly rates for accommodation.
Whom it affects:
Housing Providers
Housing providers must comply with this law and could be held liable should they choose not to do so.
Renters
This law pertains to the safety and security of tenants' homes and aims to further protect renters.
Job Applicants for Housing Providers
This law directly impacts prospective applicants for employment positions within apartment complexes, housing communities, etc.
- Tenants of non-transient apartments, particularly single-family dwellings, as it pertains to the safety and security of their homes
- Prospective applicants for positions at such apartment complexes/housing communities, particularly those with a criminal background, subject to review by the employer
- Housing authorities and apartment management companies regarding liability and compliance to the degree of verifying their applicants’ criminal history
Resources:
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