Multifamily Residential Property Safety and Security; Presumption Against Liability
As used in this section, the term:
Crime prevention through environmental design has the same meaning as in s. 163.503(6).
Multifamily residential property means a residential building, or group of residential buildings, such as apartments, townhouses, or condominiums, consisting of at least five dwelling units on a particular parcel.
Parcel means real property for which a distinct parcel identification number is assigned to the property by the property appraiser for the county in which the property is located.
The owner or principal operator of a multifamily residential property which substantially implements the following security measures on that property has a presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties who are not employees or agents of the owner or operator:
A security camera system at points of entry and exit which records, and maintains as retrievable for at least 30 days, video footage to assist in offender identification and apprehension.
A lighted parking lot illuminated at an intensity of at least an average of 1.8 foot-candles per square foot at 18 inches above the surface from dusk until dawn or controlled by photocell or similar electronic device.
Lighting in walkways, laundry rooms, common areas, and porches illuminated from dusk until dawn or controlled by photocell or similar device.
At least a 1-inch deadbolt in each dwelling unit door.
A locking device on each window, each exterior sliding door, and any other doors not used for community purposes.
Locked gates with key or fob access along pool fence areas.
A peephole or door viewer on each dwelling unit door that does not include a window or adjacent window.
By January 1, 2025, the owner or principal operator must have a crime prevention through environmental design assessment no more than 3 years old. The assessment must be performed by a law enforcement agency or a Florida Crime Prevention Through Environmental Design Practitioner designated by the Florida Crime Prevention Training Institute of the Department of Legal Affairs.open_in_new The owner or principal operator must remain in substantial compliance with the assessment.
By January 1, 2025, the owner or principal operator must provide proper crime deterrence and safety training to current employees. After that date, new employees must receive training within 60 days of hire.
“Proper crime deterrence and safety training” means training that familiarizes employees with the security principles, devices, measures, and standards in paragraph (a). The training must be reviewed at least every 3 years and updated as necessary. A law enforcement agency or CPTED practitioner may review the curriculum.
For purposes of establishing the presumption against liability under subsection (2), the burden of proof is on the owner or principal operator to demonstrate that the security measures specified in subsection (2) have been substantially implemented.
The Florida Crime Prevention Training Institute of the Department of Legal Affairs shall develop a proposed curriculum or best practices for owners or principal operators to implement such training. The state has no liability in connection with providing a proposed training curriculum.
This section does not establish a private cause of action.