Miya’s Law for all Florida Apartment Complexes

Florida landlords now have new legal obligations under a law named after a girl who was killed by her building manager. The law creates a new Florida statute requiring landlords to conduct background screening on employees and develop policies governing the possession of keys.

Landlords would be required to use a third-party consumer reporting agency to run background checks on all employees and new hires. These background checks should include criminal history and sex-offender registries in each of the 50 states and U.S. territories, as well as the District of Columbia. With this check, it proposes to disqualify applicants who were convicted, found guilty, or entered a plea of guilty or guilty or no contest to any crimes of sexual or violent nature.

Further Disqualifications for Miya’s Law Applicants

More of the affected applicants, if relevant, can be disqualified for a criminal offense involving the disregard of the safety of others. Including any felony or a misdemeanor of the first degree in Florida; in another state, would be a felony or a misdemeanor of the first degree if committed in Florida; or is considered a felony or misdemeanor of the first degree by law. This gives apartment managers the ability to ensure the safety of their tenants.

This also includes any criminal offenses committed in any jurisdiction, including but not limited to murder, sexual battery, robbery, carjacking, home-invasion robbery and stalking.

Do I Have to Disquality These Applicants?

Renters and landlords alike, be sure to understand the Fair Credit Reporting Act and its federal requirements when conducting background checks. Landlords must consider whether certain criminal-history findings should result in the termination or refusal to hire that individual.

In addition to the federal requirements, certain states and localities have enacted their own laws that govern background checks on individuals applying to work as property managers. If you’re a landlord, it may seem like a simple decision to say yes or no to an applicant based on his background. But there’s a lot more involved in that decision. Landlords must be proactive in preventing violence on their properties and must do so according to federal and state laws.

Additions to New Standards

As of July 1, 2022, the Miya’s law requires landlords to create a log on the possession of keys and increases the advance notice required to tenants before entering an apartment to conduct repairs. It is important to consult with legal counsel to avoid an unintentional violation.

As an addition, tenants will be given 48 hours advance notice before the landlords or their employees enter the unit. Tenants should contact our office if they want assistance.

In an effort to stay with the legal standards for these immense changes, be sure to consult your attorney before signing a lease to ensure compliance with Miya’s Law. We try to make this website as updated as possible; however, laws and requirements are changing daily. Keep up to date with the new standards at our website!