DBPR Proposes New Rule on Background Screenings for Apartment Employees
In response to recent state legislation, the Division of Hotels and Restaurants has proposed new guidelines for proof of compliance with Miya’s Law. Miya’s Law was signed by the governor on June 27, 2022 in an effort to improve renter safety in Florida. The text of the notice follows the June press release from the Governor’s Office.
Governor Ron DeSantis Signs Miya’s Law to Strengthen Renter Safety
On June 27, 2022, in News Releases, by Staff
TALLAHASSEE, Fla. — Today, Governor Ron DeSantis signed Senate Bill (SB) 898, designated as “Miya’s Law”, to strengthen residential tenant safety measures including requiring background checks for prospective employees, maintaining a log for each dwelling unit’s keys, and increasing notification requirements for maintenance and repairs from 12 to 24 hours. The bill is named after Miya Marcano, a young woman and Orlando student who was tragically killed in her apartment in 2021 by a maintenance worker who entered her unit with an apartment key fob.
“Every tenant deserves to be safe in their own home,” said Governor Ron DeSantis. “By signing this legislation, we are making it safer to live in a rental unit and giving renters more peace of mind in their homes. Miya’s death was a tragedy, and our prayers continue to be with the Marcano family. I am proud to act on their behalf to help prevent a tragedy like that from happening to another Florida tenant.”
SB 898 directs landlords or licensees of transient and non-transient apartments to require all employees undergo a background screening as a condition of employment. A person may be disqualified from employment if the person has been found guilty of certain offenses involving violence and disregard for safety.
Apartments will also be required to maintain a log accounting for the issuance and return of all keys and establish policies for their issuance, return, and storage. The apartment’s key log and background screenings will be subject to the Department of Business and Professional Regulation’s annual inspection of apartments.
Additionally, the bill changes the requirement for ‘reasonable notice’ for entry of a unit for maintenance and repairs from 12 hours to 24 hours’ notice. The bill also prohibits operators of public lodging establishments from offering hourly rates for an accommodation.
Notice of Proposed Rule
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
Division of Hotels and Restaurants
RULE NO.: RULE TITLE:
61C-3.001 Sanitation and Safety Requirements
PURPOSE AND EFFECT: The purpose of this rulemaking is to amend Rule 61C-3.001, F.A.C. to provide guidelines for proof of compliance with s. 509.211(5), F.S.
SUMMARY: The proposed rulemaking amends Rule 61C-3.001, F.A.C., to: clarify statutory language and provide instructions for proof of compliance with s. 509.211(5), F.S.; and adopt a new form by reference.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the Agency.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the economic review conducted by the agency.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 509.032, 509.2112, F.S.
LAW IMPLEMENTED: 509.032, 509.211, 509.2112, 509.221, F.S.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Michelle Keith, Sr. Management Analyst II; Division of Hotels & Restaurants, Department of Business and Professional Regulation; 2601 Blair Stone Road, Tallahassee, Florida, 32399; dhr.rules@myfloridalicense.com; (850)717-1290.
THE FULL TEXT OF THE PROPOSED RULE IS:
61C-3.001 Sanitation and Safety Requirements.
The following requirements and standards shall be met by all public lodging establishments.
(1) through (5) No Change.
(6) Proof of Compliance with Miya’s Law Background Screenings.
(a) As provided in Subsection 509.211(5), F.S., each public lodging establishment licensed as a nontransient apartment or transient apartment must require that each hire undergo a background screening as a condition of employment pursuant to s. 83.515, F.S.
(b) Background screening as a condition of employment shall apply only to new hires on or after January 1, 2023 and is not retroactive.
(c) It is the responsibility of each nontransient apartment or transient apartment licensee to verify that the background screening performed meets the minimum requirements pursuant to s. 83.515, F.S.
(d) Each nontransient apartment or transient apartment licensee must complete the DBPR HR-7033 Proof of Compliance with Miya’s Law Background Screenings (http://www.flrules.org/Gateway/reference.asp?No=Ref-_____), incorporated herein by reference and effective 2023 January. Copies of this form are available from the Division of Hotels and Restaurants Internet website at www.MyFloridaLicense.com/dbpr/hr; by e-mail request submitted at www.myfloridalicense.com/contactus; by phone request to the department at (850)487-1395; or upon written request to the Division of Hotels and Restaurants, Department of Business and Professional Regulation, 2601 Blair Stone Road, Tallahassee, Florida 32399-1011.
1. The licensee must keep a copy of the form on the premises of the licensed establishment, readily available for inspection upon request.
2. The form must include a list of applicable employees with the date of hire and should be updated as changes in staff occur.
3. Upon change of ownership, a new form must be completed by the new licensee.
(7)(6)Exemptions – Vacation rentals, timeshare projects and nontransient apartments are exempt from subsection (1) of this rule. Establishments opting to provide any of the services listed in subsection (1) of this rule shall comply with the requirements described herein. Nontransient apartments are exempt from paragraph (2)(a) of this rule.
Rulemaking Authority 509.032, 509.2112 FS. Law Implemented 509.032, 509.211, 509.2112, 509.221 FS. History–Amended 1-20-63, Revised 2-4-71, Amended 9-19-84, Formerly 7C-3.01, Amended 12-31-90, Formerly 7C-3.001, Amended 3-31-94, 9-25-96, 1-18-98, 8-12-08, 3-24-10, 8-10-11, 4-1-13, 11-20-14, 3-6-16, ______
NAME OF PERSON ORIGINATING PROPOSED RULE: Steven von Bodungen, Director, Division of Hotels and Restaurants, Department of Business and Professional Regulation.
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Melanie S. Griffin, Secretary, Department of Business and Professional Regulation.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 27, 2022
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 14, 2022.