March 2023

State Updates


Florida establishes new background check rules for apartment buildings


Author: ADP Admin/Tuesday, August 30, 2022/Categories: Compliance Corner , State Compliance Update, Florida

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.

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