Miya's Law: Florida's Mandatory Background Check Law for Lodging Employers

Miya's Law is the latest law passed in Florida that requires landlords to conduct background checks on their employees. This law was passed due to the tragic death of Miya Marcano. Miya's body was found near her apartment complex. It was determined that the maintenance worker for the complex had used a fob to gain access to her apartment and was waiting for her arrival.

Who Does Miya's Law Apply To?

The law applies to employees of lodging establishments classified under Florida Statute S. 509.242(1)(d) as a non-transient apartment or transient apartment.

Background Screening Requirements

Under Miya's Law, the background screening must be performed by a consumer reporting agency in accordance with the Federal Fair Credit Reporting Act. It must include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia.

Disqualifying Offenses

Landlords may disqualify a person from employment if they have been 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 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.

Penalties for Non-Compliance

Florida landlords and property managers who fail to comply with Miya's Law face real consequences. Employers who do not conduct the required background screening may be exposed to civil liability if an employee later harms a tenant or guest — and the failure to screen can be introduced as evidence of negligence in any subsequent legal action.

Beyond litigation risk, Florida's Division of Hotels and Restaurants has authority to enforce lodging establishment compliance. Failure to meet statutory screening requirements can affect an establishment's license to operate. The cost of a background check is minimal compared to the potential liability of skipping one.

What Other States Can Learn From Miya's Law

Florida is not alone in recognizing the safety gap that exists when employees have unsupervised access to private residences. Several states have enacted or are exploring similar protections for the residential and hospitality sectors:

• Connecticut already requires background screening for many positions involving access to vulnerable populations — including healthcare workers and school staff — but does not yet have a Miya's Law equivalent for lodging establishment employees.
• New York has explored hotel worker safety legislation driven in part by incidents at residential properties.
• Advocates argue that any employee with key or fob access to private living spaces — regardless of state — should be subject to minimum criminal background check requirements.

If you operate properties in multiple states, don't wait for your state to pass a law. A consistent screening policy — including criminal background checks and sex offender registry searches — protects both tenants and your organization from preventable harm.

How We Can Help

Our services include full coverage for the State of Florida, as well as the Sex Offender Registry search. Our National criminal search also includes full coverage of the sex offender registries for all 50 states and the District of Columbia — meeting the specific requirements outlined in Miya's Law.