NEW LAW IS A BENEFIT TO CONDOS AND REQUIRES A BOOST TO SECURITY

By Eric Glazer, Esq.

Published June 26, 2023

 

Florida condominiums always had the obligation to provide for the safety of its owners, residents and guests when it came to preventing crime in the community.  The condominium association was negligent if it knew or should have known about prior crimes in the community or surrounding areas, and failed to take reasonable safety measures to prevent future crimes.

 

This year The Florida Legislature passed a new law that makes it easier for condominiums to avoid being deemed negligent for failing to take adequate security measures.

 

768.0706. Multifamily residential property safety and security; presumption against liability  Effective: March 24, 2023 

 

 (1) (b) “Multifamily residential property” means a residential building, or group of residential buildings, such as apartments, townhouses, or condominiums, consisting of at least five dwelling units on a particular parcel.

 

(2) The owner or principal operator of a multifamily residential property which substantially implements the following security measures on that property has a presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties who are not employees or agents of the owner or operator:

 

(a) 1. A security camera system at points of entry and exit which records, and maintains as retrievable for at least 30 days, video footage to assist in offender identification and apprehension.

 

2. A lighted parking lot illuminated at an intensity of at least an average of 1.8 foot-candles per square foot at 18 inches above the surface from dusk until dawn or controlled by photocell or any similar electronic device that provides light from dusk until dawn.

 

3. Lighting in walkways, laundry rooms, common areas, and porches. Such lighting must be illuminated from dusk until dawn or controlled by photocell or any similar electronic device that provides light from dusk until dawn.

 

4. At least a 1-inch deadbolt in each dwelling unit door.

 

5. A locking device on each window, each exterior sliding door, and any 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 that does not include a window or that does not have a window next to the door.

 

(b) 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.

 

2. For purposes of this paragraph, “proper crime deterrence and safety training” means training which trains and familiarizes employees with the security principles, devices, measures, and standards set forth under paragraph (a), and which is reviewed at least every 3 years and updated as necessary. The owner or principal operator may request a law enforcement agency or the Florida Crime Prevention Through Environmental Design Practitioner performing the assessment under paragraph (b) to review the training curriculum.

 

(3) For purposes of establishing the presumption against liability under subsection (2), the burden of proof is on the owner or principal operator to demonstrate that the owner or principal operator has substantially implemented the security measures specified in subsection (2).

 

(4) The Florida Crime Prevention Training Institute of the Department of Legal Affairs shall develop a proposed curriculum or best practices for owners or principal operators to implement such training. The state has no liability in connection with providing a proposed training curriculum under this subsection.

 

While there seems to be some work that a condo needs to do, I would do it.  If these measures are implemented, it could result in the avoidance of a multi million dollar lawsuit against the association should anyone become the victim of a violent crime while on the condominium property.

 

Here is the website for the Florida Crime Prevention Training Institute:

http://www.fcpti.com/fcpti.nsf/pages/CPTED

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About HOA & Condo Blog

Eric Glazer

Eric Glazer graduated from the University of Miami School of Law in 1992 after receiving a B.A. from NYU. He has practiced community association law for three decades and is the owner of Glazer and Sachs, P.A. a five attorney law firm with offices in Fort Lauderdale and Orlando.

Eric is Board Certified by The Florida Bar in Condominium and Planned Development Law.

 

Since 2009, Eric has been the host of Condo Craze and HOAs, a weekly one hour radio show that airs at 11:00 a.m. each Sunday on 850 WFTL.

   

See: www.condocrazeandhoas.com.

   

Eric is the first attorney in the State of Florida that designed a course that certifies condominium and HOA residents as eligible to serve on a Board of Directors and has now certified more than 20,000 Floridians all across the state. He is certified as a Circuit Court Mediator by The Florida Supreme Court and has mediated dozens of disputes between associations and unit owners. Eric also devotes significant time to advancing legislation in the best interest of Florida community association members.



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