A new Florida statute offers Rently clients the ability to shield themselves from legal liability in instances of theft, property damage, breaking and entering, and other criminal cases. Oftentimes, these situations can blossom into costly and burdensome affairs that take years to resolve. To combat this, in a massive win for Rently’s clients and multifamily owner/operators in Florida, new legislation has recently passed offering a path to a presumption against liability for businesses that take certain precautionary measures at their properties.
According to the newly enacted Florida statute, Multifamily owners and operators now have a path by which they can gain a “presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties”. Fla. Stat. § 768.0706 “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.”Id. In order to gain this status, there are three steps owner/operators must take.
- Each property must install:
- Security cameras at all entry and exit points, maintaining security footage for at least 30 days to assist in offender identification and apprehension.
- Proper lighting in parking lots, walkways, laundry rooms, and common areas.
- Robust locking mechanisms with at least a 1-inch deadbolt on all dwelling unit doors.
- Locking devices on all windows not used for community purposes.
- Restricted access to pool areas.
- Door viewers or peepholes on each dwelling unit door that does not include a window or have a window next to the door.
- The property must complete a Crime Prevention Through Environmental Design Assessment (CPTED), conducted by a FL CPTED Practitioner.
- All employees must receive proper crime deterrence and safety training.
How Does this New Florida Statute Benefit You?
Superior Legal Protection
With these few additional safety measures, you shield yourself from the presumption of liability in criminal cases that occur on the premises of the property by third parties. This can vastly decrease your overall legal risk and create a more solid foundation from which to work from in any criminal legal matters.
Cost Savings on Legal and Insurance Fees
Although implementing these measures may require some small upfront investment, the returns you receive can substantially outweigh any upfront costs. By implementing the required hardware and procedures, you not only save large amounts on legal fees over time, but you can also experience decreases in your insurance premiums as well.
Competitive Advantage
This new legislation provides an additional legal incentive to adopt what renters have long been asking for, enhanced security. In addition to the massive legal advantages this new law presents, it also allows owner/operators to display a clear competitive advantage over their counterparts. Renters in today’s climate prioritize their security more than ever, and are far more likely to choose a home where they feel safe and secure. By meeting the requirements of the statute, clients can display that they have met the highest standards for tenant safety and security.
How Can Rently Help?
Rently is not only the industry leader in Self-Guided Touring and Smart Home solutions, but we are also leading the movement on security. We have emphasized, and prioritized, safety and security at all levels of our business. We offer a wide range of access control and smart monitoring products and services that can help you meet the requirements of this new legislation, and would love to partner with you in doing so. If you’re a current Rently client, reach out to your Rently Client Success Manager for more information. If you’re interested in getting started with Rently, submit a demo request to speak with one of our team members.
Written by: Jake Erdman, Esq
*The information contained herein does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available are for general informational purposes only. Information on this presentation may not constitute the most up-to-date legal or other information. Readers should contact their local attorney/counsel to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.
