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.
   18  Be It Enacted by the Legislature of the State of Florida:
   20         Section 1. Section 768.0706, Florida Statutes, is created
   21  to read:
   22         768.0706Multifamily 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.