Fla. Stat. § 83.40 et seq. § 83.515
Background screening of apartment employees; employment disqualification.
Operative Text
(1) The landlord of a public lodging establishment classified under s. 509.242(1)(d) or (e) as a nontransient apartment or transient apartment, respectively, must require that each employee of the establishment undergo a background screening as a condition of employment. (2) The background screening required under subsection (1) must be performed by a consumer reporting agency in accordance with the federal Fair Credit Reporting Act and must include a screening of criminal history records and sexual predator and sexual offender registries of all 50 states and the District of Columbia. (3) 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, regardless of adjudication, any of the following offenses: (a) 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. (b) 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.
Florida Statute § 83.515 requires landlords of nontransient and transient apartment establishments (as classified under Florida's public lodging law) to make background screening a mandatory condition of employment for all staff. The screening must be conducted by a consumer reporting agency under the federal Fair Credit Reporting Act and must cover criminal history records and sex offender/predator registries across all 50 states and the District of Columbia. The statute also permits landlords to disqualify applicants or employees who have been convicted of, or pleaded guilty or no contest to, certain offenses—including felonies or first-degree misdemeanors involving disregard for others' safety, or any violent crimes such as murder, sexual battery, robbery, carjacking, home-invasion robbery, or stalking.
Plain English — not legal advice.
Under Fla. Stat. § 83.515, operators of nontransient and transient apartment establishments classified under Florida's public lodging law are required to build background screening into their hiring process as a non-negotiable condition of employment for every employee. Compliant operators typically engage a qualified consumer reporting agency to run checks that span criminal history databases and sex offender/predator registries in all 50 states and the District of Columbia, consistent with the federal Fair Credit Reporting Act. The statute gives landlords the authority to disqualify candidates with convictions or qualifying pleas related to violent offenses or crimes involving disregard for others' safety, and maintaining clear, consistent written policies around this disqualification authority is a common practice among compliant operators.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Fla. Stat. § 83.515 establishes that residents of nontransient and transient apartment establishments have a statutory basis to expect that their landlord has screened all employees for criminal history—including violent offenses and sex offender status—before those individuals work at the property. If a tenant believes their landlord is not complying with this background-screening requirement, they may consider raising the issue with Florida's Division of Hotels and Restaurants, which oversees public lodging establishments, or consulting a tenant-rights organization familiar with Florida housing law. Tenants who feel their safety has been compromised by a landlord's failure to follow § 83.515 may also explore whether the violation is relevant to any legal claims or complaints they are considering.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation