Florida Statute 768.0706   Multifamily residential property safety and security; presumption against liability

 

Definition of Multifamily Residential Property:

The law defines multifamily residential properties as residential buildings, or a group of residential buildings, such as apartments, townhouses, and condominiums, consisting of at least five dwelling units on a particular parcel.  

Presumption against Negligence:

 

The owner or principal operator of a multifamily residential property that 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:

 

For purposes of establishing the presumption against liability, the burden of proof is on the owner or principal operator to demonstrate that the owner or principal operator has substantially implemented the security measures, including:

 

• Security cameras

• Lighted parking lot

• Lighting in walkways, laundry rooms, common areas, and porches

• At least a 1-inch deadbolt in each dwelling unit door

• Locking device on each window, exterior sliding door

• Locked gates with key or fob access along pool fence areas

• A peephole or door viewer on each dwelling unit door

 

Employee Training Requirements:

Property owners or operators of a multifamily residential property must provide crime deterrence and safety training to their current employees.  After January 1, 2025, the owner or principal operator must provide such training to an employee within 60 days after his or her hire date.