Florida Senate - 2023 SB 1274
By Senator Burton
12-00689E-23 20231274__
1 A bill to be entitled
2 An act relating to premises liability for criminal
3 acts by third parties; creating s. 768.0706, F.S.;
4 defining terms; specifying that owners or principal
5 operators of multifamily residential properties have a
6 certain presumption against liability under certain
7 circumstances; requiring the Florida Crime Prevention
8 Training Institute of the Department of Legal Affairs
9 to develop a proposed curriculum relating to crime
10 deterrence and safety training; specifying that the
11 state has no liability in connection with providing
12 such curriculum; providing construction; amending s.
13 768.075, F.S.; revising the circumstances under which
14 persons or organizations owning or controlling an
15 interest in real property are immune from liability;
16 providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 768.0706, Florida Statutes, is created
21 to read:
22 768.0706 Multifamily residential property safety and
23 security; presumption against liability.—
24 (1) As used in this section, the term:
25 (a) “Crime prevention through environmental design” has the
26 same meaning as in s. 163.503(6).
27 (b) “Multifamily residential property” means a residential
28 building, or group of residential buildings, such as apartments,
29 townhouses, or condominiums, consisting of at least five
30 dwelling units on a particular parcel.
31 (c) “Parcel” means real property for which a distinct
32 parcel identification number is assigned to the property by the
33 property appraiser for the county in which the property is
34 located.
35 (2) The owner or principal operator of a multifamily
36 residential property which substantially implements all of the
37 following security measures on that property has a presumption
38 against liability in connection with criminal acts that occur on
39 the premises which are committed by third parties who are not
40 employees or agents of the owner or operator.
41 (a) The owner or principal operator of a multifamily
42 residential property must implement the following safety and
43 security measures:
44 1. A security camera system at points of entry and exit
45 which records, and maintains as retrievable for at least 30
46 days, video footage to assist in offender identification and
47 apprehension;
48 2. A lighted parking lot illuminated at an intensity of at
49 least an average of 1.8 foot-candles per square foot at 18
50 inches above the surface from dusk until dawn or controlled by
51 photocell or any similar electronic device that provides light
52 from dusk until dawn;
53 3. Lighting in walkways, laundry rooms, common areas, and
54 porches. Such lighting must be illuminated from dusk until dawn
55 or controlled by photocell or any similar electronic device that
56 provides light from dusk until dawn;
57 4. At least a 1 inch deadbolt in each dwelling unit door;
58 5. A locking device on each window, each exterior sliding
59 door, and any other doors not used for community purposes;
60 6. Locked gates with key or fob access along pool fence
61 areas; and
62 7. A peephole or door viewer on each dwelling unit door
63 that does not include a window or that does not have a window
64 next to the door.
65 (b) By January 1, 2025, the owner or principal operator of
66 a multifamily residential property must have a crime prevention
67 through environmental design assessment that is no more than 5
68 years old completed for the property. The assessment must be
69 performed by a law enforcement agency or a Florida Crime
70 Prevention Through Environmental Design Practitioner designated
71 by the Florida Crime Prevention Training Institute of the
72 Department of Legal Affairs. The owner or principal operator
73 must remain in substantial compliance with the assessment.
74 (c) By January 1, 2025, the owner or principal operator of
75 a multifamily residential property shall provide proper crime
76 deterrence and safety training to their current employees. After
77 January 1, 2025, the owner or principal operator must provide
78 such training to an employee within 60 days after his or her
79 hire date. The Florida Crime Prevention Training Institute of
80 the Department of Legal Affairs shall develop a proposed
81 curriculum or best practices for owners or principal operators
82 to implement such training. The state has no liability in
83 connection with providing a proposed training curriculum under
84 this paragraph. The training curriculum implemented by an owner
85 or a principal operator must train and familiarize employees
86 with the security principles, devices, measures, and standards
87 set forth under paragraph (a). The owner or principal operator
88 must review, and update if necessary, the curriculum at least
89 every 5 years. The owner or principal operator may request a law
90 enforcement agency or the Florida Crime Prevention Through
91 Environmental Design Practitioner performing the assessment
92 under paragraph (b) to review the training curriculum.
93 (3) This section does not establish a private cause of
94 action.
95 Section 2. Subsection (4) of section 768.075, Florida
96 Statutes, is amended to read:
97 768.075 Immunity from liability for injury to trespassers
98 on real property.—
99 (4) A person or organization owning or controlling an
100 interest in real property, or an agent of such person or
101 organization, shall not be held liable for negligence that
102 results in the death of, injury to, or damage to a person who is
103 attempting to commit a criminal act felony or who is engaged in
104 the commission of a criminal act felony on the property.
105 Section 3. This act shall take effect July 1, 2023.