Maya's Law is a legislative act in Florida that mandates specific background screening procedures for employees in certain public lodging establishments, particularly nontransient and transient apartments. Which establishments are required to comply with Maya's Law? Nontransient and transient apartments, as classified under Chapter 509, Section 242 (https://www.flsenate.gov/Laws/Statutes/2017/509.242) of the Florida Statutes, are required to comply with Maya's Law. This includes establishments with a significant portion of units available for transient or non transient occupancy.
The screening includes checking criminal history records and sexual predator and offender registries across all 50 states and the District of Columbia, as per the federal Fair Credit Reporting Act.
Yes, all individuals directly employed by the public lodging establishment who work at the licensed premises are subject to background checks. This excludes independent contractors and those employed by temporary staffing agencies or employee leasing companies.
Disqualifying offenses include crimes involving disregard for the safety of others, felonies, first-degree misdemeanors, violent crimes like murder, sexual battery, robbery, carjacking, home-invasion robbery, and stalking.
Establishments must maintain the compliance form that will be downloaded after the employee screening is complete. This form includes a list of screened employees with their hire dates. Keep it readily available for inspection. This form must be presented to inspectors upon request.
Non-compliance can result in fines up to $1000 per offense, mandatory completion of a remedial educational program, and potential suspension, revocation, or refusal of the establishment's license. Operating a public lodging establishment with a suspended license is a criminal act under Florida law. According to Chapter 509, Section 261 (https://www.flsenate.gov/Laws/Statutes/2019/509.261) of the Florida Statutes, operating a public lodging establishment or public food service establishment with a suspended or revoked license can result in criminal charges.
Yes, the law applies to all employees, whether full-time or part-time, as long as they are employed by the establishment.
The Division of Hotels and Restaurants of the Department of Business and Professional Regulation is responsible for ensuring compliance with Maya's Law during their annual inspections.