F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 1165 2023
1 A bill to be entitled
2 An act relating to premises liability for criminal
3 acts of third parties; creating s. 768.0701, F.S.;
4 requiring a trier of fact to consider the comparative
5 fault of certain persons in certain actions for
6 damages; creating s. 768.0706, F.S.; providing
7 definitions; providing the owner or operator of a
8 multifamily complex with a presumption against
9 liability under certain circumstances; specifying the
10 safety and security measures that must be implemented
11 to gain the presumption; providing that such owners or
12 operators do not lose the presumption under certain
13 circumstances; providing an effective date.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
17 Section 1. Section 768.0701, Florida Statutes, is created
18 to read:
19 768.0701 Premises liability for criminal acts of third
20 parties.—Notwithstanding s. 768.81(4), in an action for damages
21 against the owner, lessor, operator, or manager of commercial or
22 real property brought by a person injured by a criminal act of a
23 third party while lawfully on the property, the trier of fact
24 shall consider the fault of all persons who contributed to the
25 injury.
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26 Section 2. Section 768.0706, Florida Statutes, is creat ed
27 to read:
28 768.0706 Multifamily complex safety and security measures;
29 presumption against liability.—
30 (1) As used in this section, the term:
31 (a) "Multifamily complex" means a residential building, or
32 group of residential buildings, comprised of at least five
33 dwelling units on a particular parcel and includes apartments,
34 townhouses, and condominiums.
35 (b) "Parcel" means real property for which a distinct
36 parcel identification number is assigned to the property by the
37 property appraiser for the county in which the property is
38 located.
39 (2) The owner or operator of a multifamily complex shall
40 gain a presumption against liability in connection with a
41 criminal act that occurs on the premises and that is committed
42 by a third party who is not an employee or agent of the owner of
43 operator upon substantially implementing the following safety
44 and security measures:
45 (a) A security camera system at points of entry and exit
46 which records, and maintains as retrievable for at least 30
47 days, video footage to assist in offender identification and
48 apprehension.
49 (b) A lighted parking lot illuminated at an intensity of
50 at least an average of 1.8 foot-candles per square foot at 18
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51 inches above the surface from dusk until dawn or controlled by
52 photocell or any similar electronic device that provides light
53 at dusk.
54 (c) Lighting in walkways, laundry rooms, common areas, and
55 porches illuminated from dusk until dawn or controlled by
56 photocell or any similar electronic device that provides light
57 at dusk.
58 (d) A 1-inch deadbolt on each dwelling unit door.
59 (e) A locking device on each window and sliding glass
60 door.
61 (f) Keyed or fobbed and locked gates along pool fence
62 areas.
63 (g) A peephole or door viewer on each dwelling unit door
64 for which there is not a window next to, or in, the door.
65 (h) Any additional safety and security measures referenced
66 in current lease agreements or that have been otherwise promised
67 to residents as features offered by the multifamily complex.
68 (i) By January 1, 2025, completing a security assessment
69 performed by a law enforcement agency or a person who holds an
70 active Florida Crime Prevention Practitioner designation through
71 the Florida Attorney General's Florida Crime Prevention Training
72 Institute and, within 6 months after completing the assessment,
73 demonstrates substantial compliance with the assessment
74 recommendations.
75 (3) The owner or operator of a multifamily complex that
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76 deviates from the safety and security measures listed in
77 subsection (2) does not lose the presumption against lia bility
78 if such deviation is pursuant to the recommendations of a
79 security assessment performed by a law enforcement agency or a
80 person who holds an active Florida Crime Prevention Practitioner
81 designation through the Florida Attorney General's Florida Crim e
82 Prevention Training Institute completed within the past 5 years.
83 Section 3. This act shall take effect July 1, 2023.
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