On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law, which includes a wide range of tort reform that affects many aspects of Florida civil litigation and regulations.
One element of this law, found within Section 768.0706, includes a redefinition of the liability that an owner or principal operator of a multifamily residential property bears for criminal acts that occur on their premises.
As this law comes into effect, property owners face critical questions regarding its implications, including:
- What is Crime Prevention Through Environmental Design (CPTED)?
- What do these required legal changes mean for my role in providing security controls on my properties?
- What must I do as a property owner to ensure compliance with the law to protect my liability?
This article covers these key elements within Florida Law HB 837 and explains what owners and operators need to know about CPTED to protect their interests.
Florida Law HB 837’s Impact on Multifamily Residential Properties
Section 768.0706, Florida Statutes, was written to shield owners or principal operators of multifamily residential properties from liability for criminal acts performed on their property if certain specified security measures are implemented.
As defined in the scope of the Statute, the term "multifamily residential property" includes residential buildings like apartments, townhouses, or condominiums, each consisting of a minimum of five dwelling units on a distinct parcel of real property. The law also introduces a presumption against liability for owners or principal operators who substantially enforce prescribed security measures to address criminal acts committed by third parties.
In tandem with this liability reform, the legislation underscores the importance of Crime Prevention Through Environmental Design. CPTED focuses on shaping the physical environment to deter criminal activity and enhance overall safety for residents and visitors.
Required CPTED Security Measures to Limit Owner Liability
Complying with HB 837 requires taking several steps, including physical security measures, implementation assessments, and employee training.
CPTED Physical Security Measures
As outlined by this new law, physical security controls that must be in place on each multifamily property by January 1, 2025, include:
- Security camera system: Systems should be installed at points of entry and exit, recording and maintaining retrievable video footage for at least 30 days to assist in offender identification and apprehension.
- Lighting requirements: Parking lots must be 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 a photocell. Walkways, common areas, and porches must be illuminated from dusk until dawn or controlled by a photocell.
- Door and window security: Each dwelling unit door must have at least a 1-inch deadbolt. Locking devices must be installed on each window, each exterior sliding door, and any other doors not used for community purposes.
- Pool area access: Pool areas must have 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 does not have a window next to the door, a peephole must be installed.
- Pedestrian security gates: These must be equipped with radio frequency identification (RFID) readers.
Pedestrian security gates: These must be equipped with radio frequency identification (RFID) readers.
CPTED Assessments
To validate compliance, property owners must undertake a CPTED security assessment for their property before January 1, 2025.
Employee Training
By January 1, 2025, property owners or principal operators must provide proper crime deterrence and safety training to current employees. For those hired after January 1, 2025, the training must occur within 60 days of their hire date. "Proper crime deterrence and safety training" includes reviewing the security principles outlined in the law with employees. This training must be renewed with employees at least every three years.
Don’t Wait—Take Steps Now
Although 2025 seems like plenty of time to make necessary changes, property owners should take steps now to ensure adherence to the new regulations.
A great first step is choosing to partner with an experienced security system provider that can provide a full assessment and review of a property’s security controls to determine their compliance with the law’s requirements. Based on this review, property owners can design a comprehensive plan to implement the necessary changes that not only satisfy legal requirements that protect their liability but also enhance the overall security and safety of their current residents.
DISCLAIMER: The information on this blog is for general informational purposes only and does not constitute legal advice. Laws and regulations can vary and change, so we do not guarantee the accuracy, completeness, or applicability of any information provided. We recommend consulting a qualified legal professional for advice tailored to your specific situation.
