August 08, 2022

Miya's Law: Florida Landlords Must Conduct Specific Background Checks for Their Apartment Employees

You've Reached Your
Free Article Limit This Month
Register for free to get unlimited access to all OnPractice content.
Register Now

Florida's new Miya's Law, Fla. Stat. 83.515, imposes background screening and other specific requirements on landlords regarding their employees who work in apartments that can be classified as "nontransient" or "transient."

Miya's Law is named after Miya Marcano, who was killed in her apartment by a maintenance worker having access to her apartment.


A nontransient apartment building or complex of buildings advertises at least 75 percent of its units to renters for stays longer than a month (i.e., a typical apartment building). See Chapter 509.242, Florida Statutes. A transient apartment building or building complex advertises more than 25 percent of its units to tenants for stays less than a month. An apartment building or complex must actually rent out its units for the shorter duration at least four times per year — not merely advertise as such — to qualify as transient.


Miya's Law requires landlords of nontransient and transient apartment buildings to perform background screenings on employees as a condition of employment.

Effective July 1, 2022, the background screening must be performed in accordance with the federal Fair Credit Reporting Act (and applicable state law, if the candidate resides outside of Florida) and must include a search of all criminal, sex offender, and sexual predator registries from all 50 states and Washington, D.C.

The law allows a landlord to disqualify an applicant who has: (i) been convicted of; (ii) been found guilty of; or (iii) pled guilty/nolo contendre to a crime involving the disregard for the safety of others that is a felony or first-degree misdemeanor in Florida.

The law also allows a landlord to disqualify applicants with any of these types of judgments if the crime was committed in another state but would be a felony or first-degree misdemeanor if committed in Florida.

Lastly, landlords could disqualify applicants if the conviction involved violence, such as murder, sexual battery, robbery, carjacking, home-invasion robbery, and stalking.

In addition to requiring the background screenings, Miya's Law also mandates that landlords maintain a log for all keys for each unit and establish protocols for issuing, returning, and storing unit keys.

Every landlord must provide proof of either the background screenings or the key log procedures should Florida's Division of Hotels and Restaurants request it.

Lodging, Food Service, Campgrounds

Miya's Law also amends existing safety regulations for lodging, food service, and membership campgrounds, requiring those establishments to implement the same background screening process discussed above, effective January 1, 2023.

Other Changes

Covered property owners should be aware of two other changes not directly related to employment. First, a landlord may enter a dwelling to make repairs only after providing reasonable notice prior to entry: at least 24 hours, which Miya's Law increased from 12 hours.

Second, any operator of a public lodging establishment is prohibited from charging by the hour for accommodations it must make for its guests. This does not include any late checkout fees. The prohibition went into effect when Governor Ron DeSantis signed Miya's Law on June 27, 2022.


While Miya's Law is Florida-specific, this new background check standard is instructive to employers grappling with how to make legal and business-appropriate post-offer decisions relating to someone's criminal conviction in today's highly sensitive environment. Often, the challenge is making an individualized assessment, when appropriate or required, considering all of the job-related factors and business necessity prior to denying employment.

If you have any questions about Miya's Law, background checks, or any other employment law issue, please contact a Jackson Lewis attorney.

©2022 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Focused on labor and employment law since 1958, Jackson Lewis P.C.'s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee. For more information, visit

ALM expressly disclaims any express or implied warranty regarding the OnPractice Content, including any implied warranty that the OnPractice Content is accurate, has been corrected or is otherwise free from errors.

More From Jackson Lewis P.C.

Challenging OSHA Violations at Occupational Safety and Health Review Commission Is Worth the Effort

By Melanie L. Paul Jackson Lewis P.C. May 26 , 2023

It is more important than ever that employers understand the serious long-term, non-monetary consequences of settling or accepting Occupational Safety and Health Administration (OSHA) citations.

New Washington Law Regulates Warehouse Distribution Center Worker Quotas

By Kathryn J. Barry Jackson Lewis P.C. May 26 , 2023

A new Washington law regulating employers’ use of production quotas or production standards for employees working at warehouse distribution centers (House Bill 1762) will go into effect on July 1, 2024.

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

By David R. Golder Jackson Lewis P.C. May 24 , 2023

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act (FLSA).

More From Litigation

SCOTUS to Warhol Foundation: Your Use of Previously Licensed Work Isn't Fair

By Steven J. Wadyka Jr. Greenberg Traurig May 26 , 2023

On May 18, 2023, the United States Supreme Court issued its long-awaited decision in Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith, a case that presented the Court with an opportunity to bring clarity to the often highly subjective standards lower courts apply when deciding the issue of fair use of visual works of art under copyright law.

Supreme Court Issues Decision Sharply Limiting Clean Water Act Jurisdiction over Wetlands

By Bernadette M. Rappold Greenberg Traurig May 26 , 2023

Sometimes the most monumental Supreme Court decisions spring from the most modest facts.

The New York Court of Appeals: A Triumph of Merit Selection

By Henry M. Greenberg Greenberg Traurig May 25 , 2023

The current court is a triumph of the merit selection process that New Yorkers voted for in 1977.

Featured Stories