On January 1, 2023, what is known as the “Miya’s Law” went into effect in Florida, which imposes certain obligations on landlords who qualify under the F.S. 83.515, and the obligations are designed to enhance safety of residents who live in the rental units of these landlords. This article addresses those obligations.
Criminal Background Checks According to Miya’s Law
Landlords who own “nontransient public lodging” must comply with the requirements in F.S. 83.515. Read our article here to learn about “nontransient public lodging” licensing requirements.
Landlords must require that each employee of the establishment undergo a background screening as a condition of employment. The background screening must be performed by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act and include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia.
The landlord may disqualify a person from employment if he has been convicted 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 this state, is a felony or a misdemeanor of the first degree or, if committed in another state, would be a felony or a misdemeanor of the first degree if committed in this state.
- 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.
Landlords must comply with these requirements, and failure to do so could result in the Division of Hotels and Restaurants enacting penalties against the landlord.
Key Log and Policy
Landlords who own nontransient public lodging establishment must also do the following:
- maintain a log accounting for the issuance and return of all keys for each dwelling unit, and
- establish policies and procedures for the issuance and return of dwelling unit keys and regulating the storage of, and access to, unissued keys.
The Division of Hotels and Restaurants may request and the landlord must provide the Division with proof that they have complied with these requirements. As discussed in our article here, the Division has the authority to enact penalties against landlords who fail to comply with their obligations of background checks and key log and policy.
Regarding the landlord’s policy regarding keys to the rental units, landlords should consult with an attorney of what provisions will help protect the landlord from liability and to comply with the Miya Law.
Ensuring Compliance and Resident Safety with Miya’s Law
In conclusion, compliance with Miya’s Law is essential for landlords operating nontransient public lodging establishments in Florida. By conducting thorough criminal background checks on all employees and maintaining a detailed key log and policy, landlords can enhance the safety of their residents and mitigate potential liabilities. Failure to adhere to these requirements could result in significant penalties from the Division of Hotels and Restaurants. Therefore, landlords should consult with legal professionals to ensure their policies are comprehensive and in full compliance with Miya’s Law. Prioritizing resident safety not only fulfills legal obligations but also fosters a secure and trustworthy living environment.
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