Introduction:
Changes to the Florida Statutes were approved during the 2022 legislative session. Specifically, establishments licensed* by the Department of Business and Professional Regulation must require background screenings as a condition of employment, maintain a key log and establish policies and procedures as it relates to keys under Chapter 509**. Under the Florida Landlord Tenant Act, landlords are required to now give a minimum of 24 hours’ notice to enter a unit to make repairs under Chapter 83. These requirements are collectively known as “Miya’s Law”*** and mandate the following actions as of January 1, 2023, with a few requirements effective since July 1, 2022.
Highlights of relevant Florida Statutes:
83.515 Background screening of apartment employees; employment disqualification.—
(1) The landlord of a public lodging establishment classified under s. 509.242(1)(d) or (e) as a nontransient apartment or transient apartment, respectively, must require that each employee of the establishment undergo a background screening as a condition of employment.
(2) The background screening required under subsection (1) must be performed by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act and must include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia.
83.53 Landlord’s access to dwelling unit.—
(2) … The landlord may enter the dwelling unit upon reasonable notice to the tenant and at a reasonable time for the purpose of repair of the premises. “Reasonable notice” for the purpose of repair is notice given at least 24 hours prior to the entry…
509.211 Safety regulations.—
(5) Each public lodging establishment licensed as a nontransient apartment or transient apartment shall do all of the following:
(b) Maintain a log accounting for the issuance and return of all keys for each dwelling unit.
(c) Establish policies and procedures for the issuance and return of dwelling unit keys and regulating the storage of, and access to, unissued keys.
1. Requirements now imposed on your Agency in which DBPR will include in their annual inspections.
a. Background screenings. You must complete (1) background screening for all employees in accordance with the Federal Fair Credit Reporting Act and (2) must include a screening of criminal history records and sexual predator/ offender registries.
i. Proof of Compliance by the Department of Business and Professional Regulation.
1. See attached DBPR HR 7033 – Proof of Compliance with Miya’s Law Background Screenings.
2. This form shall be updated whenever there are changes to staff.
3. This form must be kept on the premises and must be made available for inspection by DBPR.
4. Background screenings are only required for employees hired after January 1, 2023.
5. The list, however, must include all employees.
6. The property manager or anyone with knowledge can attest and complete Form 7033.
7. Persons not hired do not need to be included in this form.
b. Keys. Your Agency must now maintain a log for the issuance and return of all keys and must establish policies and procedures for issuance, return, storage and access to unissued keys.
i. You must now (1) maintain a log and (2) establish policies and procedures for keys.
1. Proof of Compliance by the Department of Business and Professional Regulation.
a. See attached DBPR Key Log – Proof of Compliance with Miya’s Law.
b. The log must show the issuance and return of all keys for each unit.
c. This form must be kept on the premises and must be made available for inspection by DBPR.
d. The Key log policies and procedures must also be presented to DBPR during their inspection.
e. The policies and procedures must address the following:
i. Issuance and return of dwelling unit keys;
ii. Regulating the storage of, and access to, unissued keys.
c. The Notice requirements that permits landlords to enter a tenant’s unit is now at least 24 hours to complete repairs.
2. DBPR Inspections
a. Many of you have had your annual inspections already.
b. However, if you have not, please ensure you are prepared by using and completing the above-mentioned forms.
c. If you have had an inspection and were found to not be in compliance and were given 90 days to cure, please ensure that you complete the above-mentioned forms timely. DBPR reports that many communities found to not be in compliance, will forget to cure within 90 days.
d. Penalties. In the event you are found in violation during an inspection, DBPR can file an Admin Complaint under Chapter 120 of the Florida Statutes.
Conclusion:
A full version of all the provisions that constitute Miya’s Law can be found here for your reference.
If your Agency needs assistance with:
• Updating your Lease and/or any addendums to reflect the new law regarding Landlord’s Right of Entry; or
• Establishing policies and procedures for key handling; or
• Updating existing policies and procedures for key handling.
Do not hesitate to contact Suzanne J. DeCopain, Esq. Of Counsel with Saxon Gilmore. Ms. DeCopain can be reached at 813.314.4516 or via email at sdecopain@saxongilmore.com. To read her full biography, click here.
*Any apartment building inspected by the United States Department of Housing and Urban Development (HUD), or other entity acting on its behalf, that is designated primarily as housing for tenants at least 62 years of age is exempt from division licensure.
**Background screenings are also required under Chapter 83.
***Miya’s Law is named after Miya Marcano, a college student living in Orlando, who was killed by a maintenance worker who reportedly used a key fob to enter her apartment. Miya’s Law aims to afford tenants additional protections.
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