TO: CRA Board of Commissioners
FROM: Kim N. Phan, Esq., Legal Advisor
THROUGH: Renée A. Jadusingh, Executive Director
DATE: July 25, 2023
Title
SECOND AMENDMENT TO PROPERTY MANAGEMENT AGREEMENTS - DELRAY HOUSING GROUP, INC. - DELRAY BEACH COMMUNITY LAND TRUST, INC.
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Recommended Action:
Recommendation
1) Approve the Second Amendment to the Property Management Agreement Between the Delray Beach Community Redevelopment Agency and Delray Housing Group, Inc., in substantially the attached form.
2) Approve the Second Amendment to the Property Management Agreement Between the Delray Beach Community Redevelopment Agency and Delray Beach Community Land Trust, Inc., in substantially the attached form.
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Background:
A new law that became effective on January 1, 2023, section 509.211(5), Florida Statutes (also known as Miya’s Law), applies to the Delray Beach Community Redevelopment Agency (“CRA”) regarding the residential rental properties with more than four (4) units - LaFrance Apartments, Carolyn Quince Court, and Palm Manor Apartments. Senate Bill 898 was named after Miya Marcano, a young woman and Orlando student who was tragically killed in her apartment in 2021 by a maintenance worker who entered her unit with an apartment key fob. (See attached June 27, 2022 Governor Ron DeSantis News Release)
Miya’s Law mandates that each public lodging establishment licensed as a nontransient apartment or transient apartment require that each employee of the licensee undergo a background screening as a condition of employment pursuant to s. 83.515, F.S. See §509.211(5), Fla. Stat. Background screenings are only required for employees hired on or after January 1, 2023. Id. For the purpose of section 509.211(5), Florida Statutes, the term “employee” means a person who is directly employed by a public lodging establishment and works at the licensed premises. Rule 61C-3.0003, F.A.C. The term excludes independent contractors and person...
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