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Florida Mandates Background Checks for Apartment Employees

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The Florida State Senate recently passed “Miya’s Law” mandating background checks of apartment employees following a tragic incident where Miya Marcano was kidnapped and murdered by a maintenance worker who used a master key to gain access to her apartment. The bill was sent to Governor DeSantis for his signature.

As outlined in the new legislation, the required background check must be performed by a consumer reporting agency in accordance with the Fair Credit Reporting Act. The screening must include a criminal background check along with a sex offender registry search of all 50 states and D.C. 

The law explicitly allows landlords to disqualify someone from an employment opportunity if they were convicted of specific offenses including those involving violence (such as murder, sexual battery, stalking or robbery) or those offenses involving a disregard for the safety of others. The law also requires maintenance of a log accounting for the issuance and return of keys for each dwelling unit.

Although the law has not yet been signed by Governor DeSantis, impacted employers should start reviewing the law’s requirements to determine what action may be needed to come into compliance.

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