Application of New Section 768.0701, Florida Statutes

Florida House Bill 837 (HB 837) establishes protections against liability for apartment and multifamily housing property owners who implement specific crime prevention (CPTED) measures and have a documented CPTED assessment conducted by a law enforcement agency or Florida Crime Prevention Through Environmental Design Practitioner (FCP).

As described in the new F.S. 768.0706(2): “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:”

Physical property requirements include:

• 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
• 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, etc.
• Lighting in walkways, laundry rooms, common areas, and porches. Such lighting must be illuminated from dusk until dawn or controlled by photocell, etc.
• At least a 1-inch deadbolt in each dwelling unit door
• 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
• Peephole or door viewer on each dwelling unit door that does not include a window or that does not have a window next to the door

Section 768.0706(2)(b) further requires the owner or principal operator of the multifamily residential property to have a crime prevention through environmental design assessment that is no more than 3 years old completed and documented by a law enforcement agency or Florida Crime Prevention Through Environmental Design Practitioner (FCP).

And by January 1, 2025, the owner or principal operator is required to provide proper crime deterrence and safety training to its current employees. After January 1, 2025, the owner or principal operator must provide such training to all employees within 60 days after hire.