If you’re a multifamily residential property owner or property manager in Florida, you need to read the following information. A key component of FSS 768.0706, designed to safeguard against frivolous lawsuits, mandates a security assessment be conducted by a designated Florida Crime Prevention Through Environmental Design Practitioner (FCPTI) as one component. Here’s your insider’s guide to understanding all aspects of this already effective law.
Why is this important to address as soon as possible
CPTED is an acronym for Crime Prevention Through Environmental Design. Most Florida property owners, managers, and investors are busy to the point that they are unaware of the details of the laws governing local multifamily properties. Though many locals in the real estate business are unaware of it, Florida Law requires a CPTED security assessments for multifamily properties in Florida as part of FSS 768.0706, which was passed into law in March of 2023.
Multifamily property owners, managers, and board members of HOAs should start preparing for assessments as soon as possible, as this should be completed no later than January 1, 2025 to have presumption against liability. Without further ado, let’s take a look at the requirements of Fla. Stat. § 768.0706(2)(a)(2) for multifamily housing safety and security guidance.
The Definition of a Multifamily Residential Property
The state’s formal definition of multifamily residential property in the context of the law is a residential building, or group of residential buildings, such as condominiums, apartments, or townhouses, consisting of at least five dwelling units on a particular parcel.
If the residential property does not include a minimum of five dwelling units per parcel, it is not considered a multifamily residential property.
Necessary Multifamily Residential Building Security Measures
The purpose of multifamily residential property owners or operators adding security compliance measures to their properties is to gain a presumption against legal liability as a benefit to making enhanced security upgrades or changes. Such liability applies to criminal actions that take place at multifamily residential properties by third parties who are not agents or employees of the owner/operator.
The security requirements for multifamily residential properties include:
- A security camera system that provides a view of the building’s entry and exit points. Such a camera records potential criminal activity. The video footage from the camera must be accessible for a minimum of 30 days.
- Illumination is an essential form of protection in multifamily residential buildings. Parking lots are to be illuminated from dusk until dawn by at least an average of 1.8-foot candles.
- Walkways, common spaces, porches, and laundry rooms must also be illuminated from dusk until dawn.
- Every dwelling door is to be secured with a one-inch deadbolt.
- Every window and exterior sliding door are to have a locking device, not used for common purposes.
- Pool fences/gates are to be locked with a fob/key.
- Dwelling unit doors designed without a window or one without a window adjacent to the door must have a door viewer or a peephole.
- A CPTED security assessment should be performed by a law enforcement agency or a designated Florida Crime Prevention Through Environmental Design Practitioner, by January 1, 2025
Why Security Assessments are so Important
The security assessment identifies property vulnerabilities and proposes cost-effective solutions to deter criminal activity. These assessments not only enhance security but also boost property values, establish ownership, and instill a sense of safety. The building owner or principal operator must demonstrate implementation and ongoing substantial compliance with these security measures as outlined in the assessment. Improvements to multifamily residential properties contribute to a safer community environment, offering residents invaluable peace of mind.
If the owners/managers of multifamily residential properties do not comply with the security measures as detailed above, the property is not compliant with FSS 768.0706, thus protection from liability is lost.
Section 768.0706(2) touches on “Substantial Compliance”:
“The owner or principal operator of a multifamily residential property that substantially implements the aforementioned security measures on the premises benefits from a presumption against liability for criminal acts committed by third parties who are not employees or agents of the owner or operator.”
It’s crucial to ensure compliance to mitigate the risk of lawsuits alleging security negligence. Such legal actions, often frivolous, are sometimes pursued by opportunists seeking financial gain.
The CPTED Security Assessment Process is Nothing to Fear
If you’re concerned about the cost or outcomes of a security assessment, there’s no need to panic. We offer preliminary assessments to uncover security vulnerabilities and address them proactively before the formal assessment begins.
Upon reviewing the preliminary assessment findings, take proactive steps to make necessary adjustments, ensuring you’re fully prepared for the assessment with confidence. Contact Triple C Security Consulting today for a complimentary estimate.
