PCS for CS/CS/HB 577 — An Act Relating to Tenant Safety (2022)
Summary
PCS for CS/CS/HB 577 (2022), a bill text entitled an act relating to tenant safety, with the short title "Miya's Law." Section 2 amends section 83.53, Florida Statutes, on a landlord's access to a dwelling unit, including the notice for repairs. Section 3, effective January 1, 2023, adds subsection (5) to section 509.211, Florida Statutes: an operator of an apartment building or complex consisting of at least 15 individual units must give a tenant background screening information on request and maintain a log of employees or contractors with access to keys, for at least 1 year. Section 4 sets a July 1, 2022 effective date.
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“PCS for CS/CS/HB 577 — An Act Relating to Tenant Safety (2022).”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/CS/HB 577 2022
1 A bill to be entitled
2 An act relating to tenant safety; providing a short
3 title; amending s. 83.53, F.S.; revising what
4 constitutes reasonable notice for repairs of dwelling
5 units; amending s. 509.211, F.S.; requiring the
6 operator of certain apartments to provide certain
7 information related to background screenings and
8 issuance of keys; requiring the operator an apartment
9 to maintain, and make accessible to certain persons
10 and during certain discovery, a log that accounts for
11 certain information for a specified time period;
12 providing effective dates.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. This act may be cited as "Miya's Law."
17 Section 2. Subsection (2) of section 83.53, Florida
18 Statutes, is amended to read:
19 83.53 Landlord's access to dwelling unit.—
20 (2) The landlord may enter the dwelling unit at any time
21 for the protection or preservation of the premises. The landlord
22 may enter the dwelling unit upon reasonable notice to the tenant
23 and at a reasonable time for the purpose of repair of the
24 premises. "Reasonable notice" for the purpose of repair is
25 notice given at least 24 12 hours prior to the entry, and
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PCS for CS/CS/HB 577
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for CS/CS/HB 577 2022
26 reasonable time for the purpose of repair shall be between the
27 hours of 7:30 a.m. and 8:00 p.m. The landlord may enter the
28 dwelling unit when necessary for the further purposes set forth
29 in subsection (1) under any of the following circumstances:
30 (a) With the consent of the tenant;
31 (b) In case of emergency;
32 (c) When the tenant unreasonably withholds consent; or
33 (d) If the tenant is absent from the premises for a period
34 of time equal to one-half the time for periodic rental payments.
35 If the rent is current and the tenant notifies the landlord of
36 an intended absence, then the landlord may enter only with the
37 consent of the tenant or for the protection or preservation of
38 the premises.
39 Section 3. Effective January 1, 2023, subsection (5) is
40 added to section 509.211, Florida Statutes, to read:
41 509.211 Safety regulations.—
42 (5) An operator of a nontransient apartment or transient
43 apartment building or complex consisting of at least 15
44 individual units must:
45 (a) Upon request of the tenant or prospective tenant,
46 provide the tenant or prospective tenant with information in
47 writing indicating whether the operator requires any current
48 employees or contractors to undergo a background screening and,
49 if so, such notification must also state all of the following:
50 1. The positions of those required to undergo background
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PCS for CS/CS/HB 577 2022
51 screenings.
52 2. The type of background screening or criminal background
53 screening the operator performed, and whether such background
54 screenings include a search of the National Sex Offender
55 Registry or other similar databases.
56 3. That the operator has discretion to make employment
57 decisions, regardless of a current employee's or contractor’s
58 background screening results.
59 4. That state law does not disqualify any current employee
60 or contractor from working at a nontransient apartment or
61 transient apartment based on background screening results.
62 (b) Upon request of the tenant, provide a list to the
63 tenant of every current employee or contractor who has access to
64 a master key or fob or access to individual unit keys, which is
65 updated as needed or at least quarterly, and such list must be
66 posted in a conspicuous place on the grounds of the apartment
67 building or complex or on the website of the apartment building
68 or complex.
69 (c) Maintain a log that accounts for all employees or
70 contractors that have access to a master key or fob or access to
71 individual unit keys.
72 (d) Make the log in paragraph (c) accessible upon request:
73 1. To a law enforcement officer as needed in connection
74 with the performance of the officer’s official duties.
75 2. To a tenant.
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PCS for CS/CS/HB 577 2022
76 3. During discovery in a civil action related to an action
77 involving a tenant or the apartment building or complex .
78 (e) Maintain the log in paragraph (c) for at least 1 year.
79
80 Upon request, during the division's annual inspection of the
81 premises, a licensee must provide the division with proof of
82 compliance with this subsection.
83 Section 4. Except as otherwise expressly provided in this
84 act, this act shall take effect July 1, 2022.
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PCS for CS/CS/HB 577
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