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How MIYA’s Law Impacts Florida Background Screening

Named after Miya Marcano, an Orlando College student that was murdered in an apartment complex by a maintenance worker, Miya’s law is a new Florida Statute that is aimed to improve residential tenant safety by imposing new legal duties on Florida landlords and property managers. Effective January 1, 2023, landlords of public lodging establishments (as defined in 509.242(1)(d) and non-transient and transient apartments must perform a thorough background check on any potential apartment complex employee as a condition of employment.

Under Miya’s law (FL Stat. 83.515), the required background screening must be performed by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act (FCRA). The screening must include a search of criminal history records and sexual predator and sexual offender registries in all 50 states, and the District of Columbia. Landlords have the right to disqualify an applicant if they have been found guilty, convicted or entered a plea of guilty/nolo contendre to a criminal offense that involves the disregard for the safety of others (felony or misdemeanor in the first degree in Florida), or a criminal offense in another jurisdiction that involved violence (including but not limited to murder, sexual battery, robbery carjacking, home invasion, and stalking). Disqualification can occur for crimes committed in another state if they would be a felony or first-degree misdemeanor if committed in Florida.

In addition to the background check requirement, there are some additional changes to landlord and tenant rules. A written log accounting for the issuance/return of keys and a written policy and procedure for the issuance and return of keys (and storage and access to unissued keys) are mandatory for apartments (transient and non-transient). In addition, the reasonable notice period that the landlord of residential tenancies must give to tenants for repairs is lengthed from 12 to 24 hours. And, the reasonable time for making repairs is between 7 am and 8 pm.

Questions about background checks? Consultstu works with clients to perform criminal checks using a national consumer reporting agency that complies with FCRA mandates (including the adverse action process). We can perform criminal background screening, drug testing (a nationwide network of collection labs), MVRs, as well as educational and employment verifications.

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