Miya's Law Update

Posted By: Robert Carroll (Member) Industry News,

Miya's Law Updates & Information from the Florida Department of Business and Professional Regulation

As of January 1, 2023, all statutory requirements associated with Miya's Law are in effect. This article continues to be updated on an as-needed basis. FAA members are encouraged to check this blog article for updates regarding DBPR's rulemaking process, enforcement, and compliance as it is made available.

NOTE: The information contained in this article is strictly for informational purposes only. FAA members are strongly encouraged to consult corporate legal counsel for guidance regarding specific compliance best practices and policy changes.

April 26, 2023: The Department of Business and Professional Regulation submitted a Notice of Proposed Rulemaking for 61C-1.002, F.A.C., to incorporate a new form and an updated form by reference. 
  • The proposed rulemaking amends Rule 61C-1.002, F.A.C., to: revise an existing form that was affected by the most recent adoption of 61C-1.002, F.A.C.; and adopt a new form by reference that attests an apartment building is exempt from division licensure because it is designated primarily as housing for persons at least 62 years of age and the apartment is inspected by the United States Department of Housing and Urban Development or other entity acting on the department’s behalf.
March 24, 2023: The Department of Business and Professional Regulation filed rule 61C-3.001, F.A.C. for adoption on March 24, 2023. The rule became effective on April 13, 2023.

How will this new law impact the apartment industry?

Miya's Law (SB 898):
  • Requires apartment employees to undergo a background screening as a condition of employment. This screening can be done by a credit reporting agency (CRA) in accordance with the Fair Credit Reporting Act and must screen records in all 50 states and D.C. (effective 1/1/23). 
  • Requires apartment communities to establish policies and procedures related to key access and to maintain a log accounting for the issuance/return of keys. The state Department of Business and Professional Regulation (DBPR) can request proof of compliance during annual inspections (effective 1/1/23). 
  • Increases the reasonable notice period from 12 to 24 hours to enter an apartment home (effective 7/1/22). 
  • Prohibits hourly rental of an accommodation (effective 7/1/22). 

Has DBPR issued rule language or guidance regarding compliance with Miya's Law?

  • Yes, DBPR has already adopted rule language to define certain terms used throughout the new law, which remains in effect at this time.
  • On February 15, 2023, DBPR released its draft form for proof of compliance with Miya's Law background screenings.

Adopted Rule Language

    • Miya's Law did not include specific definitions for the terms "key" and "employee." DBPR issued rule language regarding the definitions for "key" and "employee" that was adopted and went into effect on November 10, 2022. The definitions are:
      • The term “employee” means a person who is directly employed by a public lodging establishment and works at licensed premises. The term excludes independent contractors and persons employed by a temporary staffing agency or employee leasing company.
      • As referenced in Section 509.211(5), F.S., the term “key” means anything that is provided to a tenant or guest for the specific purpose of locking or unlocking a tenant unit door or guest room door.

Proposed Rule Language 

  • On January 11, DBPR released the proposed rule language regarding employee background screening requirements. This proposed language states: 
    • Background screening as a condition of employment shall apply only to new hires on or after January 1, 2023, and is not retroactive.
    • Each apartment licensee must complete the DBPR form (once released). The form must include a list of applicable employees with the date of hire and should be updated as changes in staff occur. 
    • The licensee must keep a copy of the form on the premises of the licensed establishment, readily available for inspection upon request. A new form will be required if there is a change in property ownership.

Will FAA update members once the rule-making process is complete?

Yes, FAA hosted an informational webinar with a special guest from DBPR on March 21, 2023. FAA members can access the recording of the webinar by clicking the button below.

Webinar Recording

What is Miya's Law?

In the fall of 2021, Miya Marcano was murdered by a maintenance technician, who worked at the apartment community where she worked and lived. In light of pre-session discussions related to apartment safety after this tragedy, it was clear that legislation would be introduced during the 2022 Florida legislative session related to apartment employee screening and key access.

FAA leaders and members determined it was critical for the apartment industry to be proactive, rather than reactive, in identifying a policy solution. Prior to the start of the 2022 session, FAA worked to draft an alternative policy solution that merely codified industry best practices related to employee background screening and key access. Thankfully, after many meetings with Senator Linda Stewart and Representative Robin Bartleman, the alternative proposed by FAA was ultimately included in the legislation, also known as Miya's Law, which was signed into law on June 27, 2022, by Governor Ron DeSantis. 

Questions, comments, concerns?

Contact Amanda White (amanda@faahq.org), vice president of government relations and research