This notice is to inform you about how Florida has enacted a legislation (Senate Bill 898) establishing new background check requirements for employees at certain apartment buildings. This takes effect immediately.
The details:
Senate Bill 898 covers public lodging establishments that can be classified as the following under state law:
· Non-transient: A building or complex of buildings in which 75 percent or more of the units are available for rent to tenants for stays longer than a month.
· Transient: A building or complex of buildings in which more than 25 percent of the units are advertised or held out to the public as available for occupancy for stays shorter than a month.
As of July 1, 2022, covered landlords must require that each employee undergo a background screening as a condition of employment. The background screening must:
· Be performed by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act.
· Include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia.
Under the law, a landlord may disqualify an individual from employment if they have been convicted or found guilty of, or entered a plea of guilty or nolo contendere to, regardless of adjudication, any of the following offenses:
· A criminal offense involving disregard for the safety of others which, if committed in this state, 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 this state.
· 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.
The law also amends rules regarding room keys effective Jan. 1, 2023, and makes other changes. See the text of the law for details.
Next steps:
If you are a covered employer, review policies and procedures to ensure compliance with Senate Bill 898.