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