As of July 1, 2022, residential tenant safety in Florida will be bolstered by a new law requiring background checks for prospective employees. Senate Bill 898, cited as “Miya’s Law,” was signed into law by Gov. Ron DeSantis in response to the death of Miya Marcano, a student killed in her Orlando apartment by a maintenance worker who entered using an apartment key fob.

Miya’s Law requires that landlords utilize the service of a consumer reporting agency, such as a background check vendor, to screen a prospective employee’s criminal history records and sex offender registries of all 50 states and the District of Columbia.

A landlord may disqualify a person from employment if the person has been convicted or found guilty of or entered a plea of guilty or nolo contendere to any of the following offenses:

1. A criminal offense involving disregard for the safety of others which, if committed in Florida, is a felony or a misdemeanor of the first degree or, if committed in another state, would be a felony or a misdemeanor of the first degree if committed in Florida.
2. A criminal offense committed in any jurisdiction which involves violence, including, but not limited to, murder, sexual battery, robbery, carjacking, home-invasion robbery, and stalking.

Because Miya’s Law requires that landlords request background checks through consumer reporting agencies, landlords must be mindful of their compliance requirements under the Fair Credit Reporting Act (FCRA), which regulates how...

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