What constitutes multifamily property?
A multifamily residential property refers to a formal residential building or a collection of buildings, such as apartments, townhouses, or condominiums. It must consist of a minimum of five dwelling units on a specific parcel of land.
Multifamily property owners in Florida can safeguard themselves against potential lawsuits and insurance coverage issues by implementing effective security measures. Comprehensive security assessments and the application of Crime Prevention Through Environmental Design (CPTED) principles play a pivotal role in augmenting the safety and security of the property. Proactive addressing of security concerns helps mitigate the risk of incidents and potential legal liabilities. Moreover, maintaining a robust relationship with insurance providers and adhering to their guidelines is instrumental in averting the possibility of coverage termination.
Owners or operators of multifamily properties in Florida now benefit from legal protection against being solely held responsible for criminal acts occurring on their premises. Prior to the enactment of Florida House Bill 837, these individuals could be liable for the outcomes of criminal incidents, even with reasonable security measures in place. However, with the passage of this legislation, negligent security cases now consider the fault of the criminal, providing a more equitable approach to multifamily property security in Florida.
Negligent Security:
Negligent security is a legal concept that holds property owners accountable for failing to implement adequate security measures to protect residents and visitors from foreseeable criminal activities.
Foreseeability: Foreseeability assesses whether a person could have reasonably anticipated harms resulting from their actions. Unforeseeable harms might absolve a defendant of liability, but foreseeability considers whether harm of a similar nature was reasonably predictable.
Preventability: Preventability gauges the extent to which an act or event could have been avoided through reasonable measures taken by the property owner. It encompasses foreseeability and the duty of care owed. Courts evaluate factors such as security adequacy, history of incidents, and the property owner’s awareness of potential risks.
Causation: Causation, in crime and civil lawsuits, establishes a direct cause-and-effect relationship between actions and consequences. It is vital in determining liability. In crime cases, it links a defendant’s actions to the commission of the offense. In civil lawsuits, it establishes liability and attributes damages to property owners or other parties.
Damages: Damages, in civil lawsuits, denote monetary compensation awarded to a party suffering harm or loss due to another party’s actions or negligence. In cases involving negligent security, damages may be sought by those harmed on someone else’s property due to inadequate security measures.
So what can property owners or principal operator do to protect themselves:
The owner or principal operator of a multifamily residential property, which substantially adopts the following security measures, benefits from a presumption against liability for criminal acts committed by third parties who are not employees or agents, according to FSS. 768.0706
(1) Security camera system at entry and exit points, recording and maintaining video footage retrievable for at least 30 days.
(2) Illuminated parking lot at a minimum intensity of 1.8 foot-candles per square foot from dusk until dawn or controlled by a photocell or similar electronic device.
(3) Illuminated walkways, laundry rooms, common areas, and porches from dusk until dawn or controlled by a photocell or similar electronic device.
(4) At least a 1-inch deadbolt in each dwelling unit door.
(5) Locking device on windows, exterior sliding doors, and other doors not used for community purposes.
(6 Locked gates with key or fob access along pool fence areas.
(7) A peephole or door viewer on each dwelling unit door without a window or adjacent window.
They must also do the following:
By January 1, 2025, the owner or principal operator of a multifamily residential property has a crime prevention through environmental design assessment that is no more than 3 years old completed for the property. Such assessment must be performed by a law enforcement agency or a Florida Crime Prevention Through Environmental Design Practitioner designated by the Florida Crime Prevention Training Institute of the Department of Legal Affairs. The owner or principal operator must remain in substantial compliance with the assessment for purposes of this paragraph.
(c)1. By January 1, 2025, the owner or principal operator of a multifamily residential property provides proper crime deterrence and safety training to its current employees. After January 1, 2025, the owner or principal operator must provide such training to an employee within 60 days after his or her hire date for purposes of this paragraph.
Every tort reform provision within this statute necessitates awareness, but the recent legislation establishing a presumption against liability for multifamily property owners demands proactive steps to fulfill compliance prerequisites. As a security consulting firm, we specialize in offering Crime Prevention Through Environmental Design (CPTED) assessments, in addition to adherence to HB 837. Collaborating with property owners, legal professionals, and insurance providers representing property clients, we strive to ensure compliance with essential security standards, thereby mitigating the risks associated with crime and liability.
Contact Triple C Security Consulting today to speak with an experienced professional to discuss your multifamily property.