Miya’s Law and New Background Check Requirements for Residential Landlords in Florida

Background Screening | November 11, 2022

As a company focused primarily on the background screening industry, we often see tragedies in greater society that can have ripple effects on the work we do each day. One such case occurred in Florida where this risk has resulted in a legislative response to help govern the safety of individuals by imposing requirements on employees and contractors working in residential rental situations. 

In June 2022, the Florida state Senate passed SB 898, also known as “Miya’s Law”, to increase the safety requirements for residential apartments and the operations of Florida landlords and property managers. This was in response to an unfortunate circumstance where a female 19-year-old college student was brutally killed by a handyman in her apartment complex who used a key fob to enter her premises.

Miya’s Law will now require landlords of rental properties to conduct background screenings for prospective employees/contractors as a condition of employment or engagement which includes a review of criminal history records and sexual offender registries in all 50 states. If the background screening of a prospective employee returns an indication the individual has been found guilty, convicted, or entered a plea of guilty to a criminal offense which:

• involves the disregard for the safety of others which, if committed in Florida, is a felony or a misdemeanor of the first degree or, 
• involves violence, including but not limited to, murder, sexual battery, carjacking, home invasions, stalking, and robbery.

The individual may be deemed ineligible for employment or contractual engagement. The background check must be done by a consumer reporting agency, like PlusOne Solutions, Inc., following the Fair Credit Reporting Act (FCRA).

There are also other access-related requirements such as keeping a log for each dwelling unit’s keys to account for the issuance, return, and storage of all key fobs. There are also entry notice requirements that will be required before unit access. The enforcement of this will be done by the Department of Business and Professional Regulations which will inspect apartments’ key logs and background check procedures yearly.

While we know the option to legislate proper behavior and background checks is always an option for states and other jurisdictions, after over fifteen years in this industry, PlusOne prefers to believe that the proactive, responsible move by organizations and businesses, is to protect individuals and conduct these types of background checks even when not required by law. Not only does this help reduce the legal, operational, reputational, and financial risks for your organization, but it is also the right thing to do.

Contents are provided for information purposes only and should not be construed as legal advice. Users are reminded to seek legal counsel with respect to their obligations and use of PlusOne Solutions services.

About PlusOne Solutions

PlusOne Solutions is an industry leader in risk management and specializes in compliance programs that meet the complex challenges of working with networks of contractors, vendors, and employees. PlusOne Solutions works to protect companies from possible legal, financial, and reputational risks associated with working with contractors while also creating safer work environments. To learn more, visit https://plusonesolutio.wpengine.com.