Premises liability claims are among the most common and most preventable sources of legal exposure for Florida business owners. Whether the claim involves a slip-and-fall in a retail store, an assault in a parking lot, or an injury in a common area, the question a court will ask is the same: did the property owner take reasonable steps to keep the premises safe?
The good news is that Florida law now offers property owners stronger tools to defend these claims than ever before. The bad news is that most business owners do not know those tools exist, or how to use them, until they are already named in a lawsuit.
This post breaks down what the Legislature now treats as “reasonable” security in the multifamily context and how any business can build a compliance framework that serves as a frontline defense.
The Multifamily Presumption
Florida now has a specific presumption against liability for multifamily residential properties in § 768.0706. That statute applies only to owners and principal operators of multifamily properties with five or more dwelling units that substantially implement the security measures it lists and provide specified employee training. The measures include, among other things:
- A security camera system at points of entry and exit, with footage maintained as retrievable for at least 30 days
- Parking lot lighting at an average intensity of at least 1.8 foot-candles per square foot at 18 inches above the surface, from dusk until dawn
- Lighting in walkways, common areas, and exterior perimeters from dusk until dawn
- Locking devices on all exterior doors and windows
- A Crime Prevention Through Environmental Design (CPTED) assessment, no more than three years old, performed by a qualified law enforcement agency or certified CPTED practitioner
- Crime deterrence and safety training for all employees, provided within 60 days of hire and reviewed at least every three years
The formal presumption in § 768.0706 is limited to qualifying multifamily residential properties. But the Legislature’s choices in that statute still matter to other property types. They give a clear, concrete picture of the kinds of measures lawmakers view as sufficient to justify a presumption against liability in one of the highest-risk sectors.
For other commercial properties, these measures are not mandatory. They are, however, a useful reference point when designing security protocols and arguing that the business acted reasonably under the circumstances.
Building Your Business Security Checklist
The following checklist adapts the statutory standards from § 768.0706, together with common negligent-security best practices, into a practical framework for any commercial property. However, no single measure is dispositive, as courts look at the overall effort and the specific risks of the property.
Physical Security
- Install surveillance cameras at every entry and exit point. Maintain retrievable footage for a minimum of 30 days.
- Ensure parking areas are illuminated from dusk to dawn at adequate intensity levels. Consider photocell-controlled lighting to ensure automatic activation.
- Light all walkways, restrooms, common areas, stairwells, and building perimeters from dusk to dawn.
- Install deadbolts and commercial-grade locking mechanisms on all exterior doors. Confirm all windows and sliding doors have functional locking devices.
- Implement access control for restricted areas, including key cards, electronic fobs, or coded entry systems where appropriate.
Procedural Security
- Commission a CPTED assessment from a certified practitioner or local law enforcement agency. Update it every three years.
- Develop written security policies covering incident response, emergency procedures, hazard identification, and employee responsibilities.
- Provide crime deterrence and safety training to all employees within 60 days of hire. Review and update training materials at least every three years.
- Establish a regular inspection schedule for all security equipment and physical conditions. Document every inspection with findings and corrective actions taken.
Documentation
This is the category most businesses neglect, and it is often the most important in litigation.
- Maintain logs for every maintenance activity and repair related to safety or security equipment.
- Archive all incident reports, including minor events that did not result in injury.
- Retain employee training records, including dates, attendees, and subject matter covered.
- Keep patrol schedules and security staffing records, even if third-party security providers are used.
- Photograph security installations and update photos after any changes or upgrades.
The absence of documentation can be as damaging as the absence of the security measures themselves. A business that took every reasonable precaution but failed to document it may be unable to prove compliance when it matters most.
Why This Matters Now
The combination of §768.0701 (fault apportionment to criminal actors), modified comparative negligence, and the shortened statute of limitations has fundamentally shifted the premises liability landscape in favor of prepared property owners. But these statutory protections only work if the property owner has built a defensible record.
A business that can demonstrate documented compliance with recognized security standards, consistent training, regular inspections, and prompt incident response is a business that is difficult to hold liable. The defense is not built in the courtroom. It is built into the daily operations of the property.
Florida business owners who invest in prevention today are not just reducing risk. They are building the evidentiary foundation that may resolve a future lawsuit before it ever reaches a jury.
The most cost-effective premises liability defense is the one already documented in your operations manual on the day a complaint is filed. If you own or operate commercial property in Florida and want a candid review of your security framework, employee training records, or incident response protocols, the business attorneys at Jimerson Birr can help you identify gaps, implement defensible standards, and build the evidentiary record that makes claims easier to resolve and harder to win against you.Contact Jimerson Birr to schedule a consultation and put a stronger foundation under your business before the next claim arrives.