ConsultStu

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.

HR Categories

1095C form 300 Log 401(k)8(a)(1)Accommodation Affordable Care Act Americans with Disabilities Act Arbitration ARPA Audits Background screening Bilingual Bonuses Business Expenses Cannabidiol (CBD)CDC CDL CFPB Child labor CHIP Notice Christmas party Clearinghouse COBRA Commercial Motor Vehicle Driver Company Culture Company Property Compensation Compliance Concerted Activity CONNECT Construction consultstu Consultstu Team Contagious disease Coronavirus Craft Beer Department of Labor Direct Threat Disabilities Discrimination DOT Downsizing and Restructuring Dress Code Drivers Drug and Alcohol Drug Free Workplace E-Verify EEO-1 Form EEOC Employee benefits Employee Handbook Employee Illness Employee Injury Employee Misconduct Employee Policies Employee Recognition Employee Referral Employee Rights Employment Poster ERISA Essential functions Executive Order Exempt Employee Exit Interview Fair Credit Reporting Act Fair Labor Standards Act Fall Protection Federal Contractors FFCRA Financial Well-being Firearm Fitness for Duty Florida rules Fluency FMCSA FMLA Form 5500 Form W-4 Fractional HR Gender Non-conformity General HR Questions Goal Setting GPS Group Health Insurance Harassment Hiring Holidays HR Compliance HR Costs HR Resources HR software Human Resources Human Trafficking I9 Form Immigration Independent Contractor Individualized Assessment Injury Statistics Insurance Interviews Investigations IRS ITA Job Description Job Post Joint Employer K1 Leave of Absence Leaving a PEO Management Manager Medical Exams Medical Marijuana Minimum Wage Morale National Origin New Hire NLRB No-match letter Non-complete Agreements Onboarding Opioids OSHA Outplacement Overtime Paid Leave Pay Cards Pay or Play Paycheck Protection Program Payroll Payroll Protection Program Performance Improvement Plan Performance Review Personnel File Post offer medical questionnaire Posters Pregnancy Publix Immigration Certification Reasonable Accomodation Recall Letter Record Keeping Recruiting Religion Remote employees Restaurants Resume Retaliation Retention Retirement Rewards Risk Management Safety Salaried employees SBA Section 7 Rights Self Appraisal Sick Leave SMART goals Social Media Social Security card Start up Taxes Temporary Employee Termination Tipped Employees Title VII TPD Benefits Training Unemployment Uniforms USCIS Vaccines W2 W4 Wage and Hour Wellness program Work from Home Workers Compensation Workplace Monitoring Wrap Plans

Show All Categories

Show Less Categories