miyas-law-apartment-employees-background-checks-requirements

Senate Bill 898 Miya’s Law

What apartment owners and management need to know about background checks to comply with Miya’s law.

This law went into effect on July 1, 2022, Senate Bill 898, also referred to as “Miya’s Law” was signed into law by Florida Governor, Ron DeSantis.

Miya’s Law is named after Miya Marcano.

Ms. Marcano’s murder was committed by a maintenance worker at the apartment complex who used a key fob to enter her apartment.

Senate Bill 898 focuses on the background checks of prospective employees as well as suppliers/ vendors and contractors that provide on site services.

Referred to as “Miya’s Law,” Senate Bill 898 puts measures in place that require landlords and property managers to do thorough background checks on any potential apartment complex employees.

The law also requires landlords and property managers to keep a detailed log of who has been given a key to each apartment and set up a system for returning and keeping track of them.

Any renter who breaks these rules could lose their license and their legal right to rent in the state of Florida.

Quoting from this News 4 Jax article:

“Actually, you know, we’re there 50 years late, as far as I’m concerned, but I don’t see any real problem with it,” said Paul Howard, president of the Florida Landlord Network.

Howard said a lot of these rules are already in practice.

“It’s a reasonable accommodation for the tenant. The tenant should feel safe and secure in their home, and I don’t see a problem with that,” Howard said. “The larger communities are already doing all of this because of the liability on the other things that go along with it.”

It’s also worth noting that those new rules will only apply to properties that have five or more family units — but not for single-family homes, duplexes. triplexes or quad units.

Most property owners, and their tenants will view this law as an important risk management tool that will protect the safety of the Apartment’s residents, fellow employees and help the property owners and managers help avoid significant negligent hiring lawsuits arising out of the actions of an employee of the business.

In accordance with Senate Bill 898, property managers are required to utilize the service of a consumer reporting agency such as a background check vendor to screen a potential employee’s criminal background and status as a sex offender.

Property Managers are required to use a national database, which means they will be able to gather information about crimes committed by a potential employee in any of the 50 states as well as Washington D.C.

We provide an easy, compliant process and solution.

Our criminal record Smart Search Plus® meets all of the requirements of this new law.

Moreover, our automated system does most of the work in getting the background check signed for compliance and returned promptly to you.

It really is as simple as sending an email link to the applicant.

It includes a check of the sex offender registries in all 50 states as well as a national criminal record database.

It also includes a check of the Federal criminal records in jurisdictions where the applicant has lived.

This is important, as now many crimes against minors are charged the Federal criminal justice system.

Crimes such as enticing a minor across state lines in order to commit criminal acts, are often charged only in the Federal court systems.

Often, these records will not appear in any state criminal records.

According to the law, property managers have the right to disqualify a potential employee if the applicant has been found guilty, convicted, or entered a plea of guilty to any of the following offenses:

1. A criminal offense that involves the disregard for the safety of others which, if committed in Florida, is a felony or misdemeanor in the first degree.

2. A criminal offense committed in any jurisdiction which involves violence, including but not limited to, murder, sexual battery, carjacking, home invasions, stalking, and robbery.

All of our reports are FCRA compliant.

Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.

We provide several short videos to easily acquaint you with the system.

This makes the background check process fast and easy.

Please Click or call for more information.

Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.

We provide several short videos to easily acquaint you with the system.

This makes the background check process fast and easy.

Please Click or call for more informatio

Call Us now at 800-459-3034 and begin ordering instant driving records and background checks within minutes or:

A Price List Will Be Promptly E-mailed To You.

FOR MORE INFORMATION CALL ANYTIME

Disclaimer

None of the information contained in this web site should be construed as legal advice.

All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.
Updated 12/2022

Senate Bill 898 Miya’s Law

What apartment owners and management need to know about background checks to comply with Miya’s law.

This law went into effect on July 1, 2022, Senate Bill 898, also referred to as “Miya’s Law” was signed into law by Florida Governor, Ron DeSantis.

Miya’s Law is named after Miya Marcano.

Ms. Marcano’s murder was committed by a maintenance worker at the apartment complex who used a key fob to enter her apartment.

Senate Bill 898 focuses on the background checks of prospective employees as well as suppliers/ vendors and contractors that provide on site services.

Referred to as “Miya’s Law,” Senate Bill 898 puts measures in place that require landlords and property managers to do thorough background checks on any potential apartment complex employees.

Any renter who breaks these rules could lose their license and their legal right to rent in the state of Florida.

Quoting from this News 4 Jax article:

“Actually, you know, we’re there 50 years late, as far as I’m concerned, but I don’t see any real problem with it,” said Paul Howard, president of the Florida Landlord Network.

Howard said a lot of these rules are already in practice.

“It’s a reasonable accommodation for the tenant. The tenant should feel safe and secure in their home, and I don’t see a problem with that,” Howard said. “The larger communities are already doing all of this because of the liability on the other things that go along with it.”

It’s also worth noting that those new rules will only apply to properties that have five or more family units — but not for single-family homes, duplexes. triplexes or quad units.

In accordance with Senate Bill 898, property managers are required to utilize the service of a consumer reporting agency such as a background check vendor to screen a potential employee’s criminal background and status as a sex offender.

Property Managers are required to use a national database, which means they will be able to gather information about crimes committed by a potential employee in any of the 50 states as well as Washington D.C.

We provide an easy, compliant process and solution.

Our criminal record Smart Search Plus® meets all of the requirements of this new law.

Moreover, our automated system does most of the work in getting the background check signed for compliance and returned promptly to you.

It really is as simple as sending an email link to the applicant.

It includes a check of the sex offender registries in all 50 states as well as a national criminal record database.

It also includes a check of the Federal criminal records in jurisdictions where the applicant has lived.

This is important, as now many crimes against minors are charged the Federal criminal justice system.

Crimes such as enticing a minor across state lines in order to commit criminal acts, are often charged only in the Federal court systems.

Often, these records will not appear in any state criminal records.

According to the law, property managers have the right to disqualify a potential employee if the applicant has been found guilty, convicted, or entered a plea of guilty to any of the following offenses:

1. A criminal offense that involves the disregard for the safety of others which, if committed in Florida, is a felony or misdemeanor in the first degree.

2. A criminal offense committed in any jurisdiction which involves violence, including but not limited to, murder, sexual battery, carjacking, home invasions, stalking, and robbery.

All of our reports are FCRA compliant.

Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.

We provide several short videos to easily acquaint you with the system.

This makes the background check process fast and easy.

Please Click or call for more information.

Our Automated Employment Screening provides an applicant controlled process that allows FCRA compliant background check forms, including Electronic Chain-Of-custody forms and releases to be completed online by the applicant.

We provide several short videos to easily acquaint you with the system.

This makes the background check process fast and easy.

Please Click or call for more informatio

Call Us now at 800-459-3034 and begin ordering instant driving records and background checks within minutes or:

A Price List Will Be Promptly E-mailed To You.

FOR MORE INFORMATION CALL ANYTIME

Disclaimer

None of the information contained in this web site should be construed as legal advice.

All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.Updated 12/2022

All forms, policies, information and procedures should be reviewed by your legal counsel before being used in any way.
Updated 12/2022