HB 837 / Florida statute 768.0706
Florida HB 837, signed into law by Governor DeSantis on March 24, 2023, brought significant changes to Florida’s litigation landscape with its sweeping tort reform measures. This law went into effect immediately, introducing critical updates that affect liability and comparative negligence in the state.
Key Changes Under HB 837
With the passage of HB 837, Florida shifted from a pure comparative negligence system to a modified comparative negligence system. Previously, a plaintiff could recover damages in proportion to the defendant’s percentage of responsibility. However, under the new rules, a plaintiff is barred from recovery if they are found to be more than 50% at fault for their injuries.
Additionally, the statute of limitations for certain lawsuits has been reduced from four years to two years, and restrictions have been imposed on bad faith lawsuits against insurers.
Importance for Multifamily Housing Owners
One of the most significant aspects of HB 837 for multifamily housing owners and operators is the introduction of a presumption against liability when specific security measures are in place. This presumption applies to criminal acts committed on the property by third parties who are not employees or agents of the owner.
To qualify for this presumption, multifamily residential properties must implement the following security measures:
Security camera systems at entry and exit points, retaining video footage for at least 30 days to aid in offender identification.
Well-lit parking lots, providing an average of 1.8 footcandles per square foot from dusk until dawn.
Dusk-to-dawn lighting in walkways, laundry rooms, common areas, and porches.
1-inch deadbolts on each dwelling unit door.
Locks on windows and sliding doors, and any other non-community access doors.
Locked gates with key or fob access around pool areas.
Peepholes or door viewers on doors without windows or adjacent windows.
Upcoming Compliance Requirements
By January 1, 2025, owners or operators of multifamily residential properties must complete a Crime Prevention Through Environmental Design (CPTED) assessment for their property, performed by either a law enforcement agency or a Florida CPTED Practitioner certified by the Florida Crime Prevention Training Institute (FCP). This assessment must be less than three years old and the property must remain in substantial compliance with its findings.
Additionally, owners must provide crime deterrence and safety training to current employees by January 1, 2025, and for new employees within 60 days of hire thereafter.
Partner with Us for CPTED Assessments
We specialize in providing CPTED assessments to help you meet the requirements of Florida Statute 768.0706. To learn more, join our free webinar or schedule a CPTED assessment through the link below. Ensure your property is compliant and protected against potential liabilities under HB 837.