Florida 2023 Regular Session

Florida House Bill H1165 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 1165 2023
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1165-00
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to premises liability for criminal 2
16	16	acts of third parties; creating s. 768.0701, F.S.; 3
17	17	requiring a trier of fact to consider the comparative 4
18	18	fault of certain persons in certain actions for 5
19	19	damages; creating s. 768.0706, F.S.; providing 6
20	20	definitions; providing the owner or operator of a 7
21	21	multifamily complex with a presumption against 8
22	22	liability under certain circumstances; specifying the 9
23	23	safety and security measures that must be implemented 10
24	24	to gain the presumption; providing that such owners or 11
25	25	operators do not lose the presumption under certain 12
26	26	circumstances; providing an effective date. 13
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28	28	Be It Enacted by the Legislature of the State of Florida: 15
29	29	16
30	30	Section 1. Section 768.0701, Florida Statutes, is created 17
31	31	to read: 18
32	32	768.0701 Premises liability for criminal acts of third 19
33	33	parties.—Notwithstanding s. 768.81(4), in an action for damages 20
34	34	against the owner, lessor, operator, or manager of commercial or 21
35	35	real property brought by a person injured by a criminal act of a 22
36	36	third party while lawfully on the property, the trier of fact 23
37	37	shall consider the fault of all persons who contributed to the 24
38	38	injury. 25
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40	40	HB 1165 2023
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	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
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51	51	Section 2. Section 768.0706, Florida Statutes, is creat ed 26
52	52	to read: 27
53	53	768.0706 Multifamily complex safety and security measures; 28
54	54	presumption against liability. — 29
55	55	(1) As used in this section, the term: 30
56	56	(a) "Multifamily complex" means a residential building, or 31
57	57	group of residential buildings, comprised of at l east five 32
58	58	dwelling units on a particular parcel and includes apartments, 33
59	59	townhouses, and condominiums. 34
60	60	(b) "Parcel" means real property for which a distinct 35
61	61	parcel identification number is assigned to the property by the 36
62	62	property appraiser for the county in which the property is 37
63	63	located. 38
64	64	(2) The owner or operator of a multifamily complex shall 39
65	65	gain a presumption against liability in connection with a 40
66	66	criminal act that occurs on the premises and that is committed 41
67	67	by a third party who is not an employee o r agent of the owner of 42
68	68	operator upon substantially implementing the following safety 43
69	69	and security measures: 44
70	70	(a) A security camera system at points of entry and exit 45
71	71	which records, and maintains as retrievable for at least 30 46
72	72	days, video footage to assis t in offender identification and 47
73	73	apprehension. 48
74	74	(b) A lighted parking lot illuminated at an intensity of 49
75	75	at least an average of 1.8 foot -candles per square foot at 18 50
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	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
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88	88	inches above the surface from dusk until dawn or controlled by 51
89	89	photocell or any similar electronic device that provides light 52
90	90	at dusk. 53
91	91	(c) Lighting in walkways, laundry rooms, common areas, and 54
92	92	porches illuminated from dusk until dawn or controlled by 55
93	93	photocell or any similar electronic device that provides light 56
94	94	at dusk. 57
95	95	(d) A 1-inch deadbolt on each dwelling unit door. 58
96	96	(e) A locking device on each window and sliding glass 59
97	97	door. 60
98	98	(f) Keyed or fobbed and locked gates along pool fence 61
99	99	areas. 62
100	100	(g) A peephole or door viewer on each dwelling unit door 63
101	101	for which there is not a window next to, or in, the door. 64
102	102	(h) Any additional safety and security measures referenced 65
103	103	in current lease agreements or that have been otherwise promised 66
104	104	to residents as features offered by the multifamily complex. 67
105	105	(i) By January 1, 2025, completing a security assessment 68
106	106	performed by a law enforcement agency or a person who holds an 69
107	107	active Florida Crime Prevention Practitioner designation through 70
108	108	the Florida Attorney General's Florida Crime Prevention Training 71
109	109	Institute and, within 6 months after completing the assessment, 72
110	110	demonstrates substantial compliance with the assessment 73
111	111	recommendations. 74
112	112	(3) The owner or operator of a multifamily complex that 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	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
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125	125	deviates from the safety and security measures listed in 76
126	126	subsection (2) does not lose the presumption against lia bility 77
127	127	if such deviation is pursuant to the recommendations of a 78
128	128	security assessment performed by a law enforcement agency or a 79
129	129	person who holds an active Florida Crime Prevention Practitioner 80
130	130	designation through the Florida Attorney General's Florida Crim e 81
131	131	Prevention Training Institute completed within the past 5 years. 82
132	132	Section 3. This act shall take effect July 1, 2023. 83