Negligent Security at Miami Apartments After 2023: The New Presumption

When someone is attacked, robbed, or shot at an apartment complex, parking garage, or shopping center, the person who committed the crime is responsible. In some cases, the property owner may also be responsible for failing to provide reasonable security. In 2023, Florida changed these cases in two important ways: it created a presumption against liability for apartment owners that adopt specific security measures, and it required juries to weigh the criminal's fault.

Change 1: The Multifamily Security Presumption (Section 768.0706)

Section 768.0706, Florida Statutes, applies to a "multifamily residential property," defined as residential buildings "such as apartments, townhouses, or condominiums, consisting of at least five dwelling units on a particular parcel." An owner or principal operator that "substantially implements" the listed security measures "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."

The required measures

Under section 768.0706(2), the measures are:

• A security camera system at points of entry and exit that records and keeps video retrievable for at least 30 days
• A parking lot lit at an average of at least 1.8 foot-candles per square foot at 18 inches above the surface from dusk until dawn
• Lighting in walkways, laundry rooms, common areas, and porches from dusk until dawn
• At least a 1-inch deadbolt in each dwelling unit door
• A locking device on each window, each exterior sliding door, and other doors not used for community purposes
• Locked gates with key or fob access along pool fence areas
• A peephole or door viewer on each unit door that has no window, or no window next to it
• A crime prevention through environmental design (CPTED) assessment, no more than 3 years old, performed by a law enforcement agency or a designated Florida CPTED practitioner, with the owner remaining in substantial compliance with it
• Crime deterrence and safety training for employees, given to new employees within 60 days after hire

Who has to prove it

Section 768.0706(3) puts "the burden of proof ... on the owner or principal operator to demonstrate that the owner or principal operator has substantially implemented the security measures." The statute itself does not spell out how the presumption may be overcome. Section 768.0706(5) also says the section "does not establish a private cause of action." It is a defense for owners, not a separate claim for residents.

Why the details matter

Each item is specific and checkable. Was the camera covering the entrance actually recording, and is the footage still there? Was the lot lit to the required level? Was the gate lock broken? Did the property have a current CPTED assessment? Answers to questions like these can decide whether the presumption applies at all. Because footage need only be kept for 30 days, preservation requests should go out quickly.

Change 2: The Jury Must Weigh the Criminal's Fault (Section 768.0701)

Section 768.0701 provides that in an action against "the owner, lessor, operator, or manager of commercial or real property" by a person lawfully on the property who was injured by a third party's criminal act, "the trier of fact must consider the fault of all persons who contributed to the injury." In practice, this means fault will be divided between the property owner and the person who committed the crime. Florida's comparative fault rules, including the 50 percent bar in section 768.81(6), still apply. See Florida's 51% bar explained.

When the New Rules Apply

Both sections were created by chapter 2023-15, Laws of Florida (sections 7 and 8). Section 30 of that act generally applies it to causes of action filed after March 24, 2023. Paragraphs (2)(b) and (2)(c) of section 768.0706 also reference a January 1, 2025 deadline for the CPTED assessment and employee training.

Properties Outside the Presumption

The presumption in section 768.0706 is limited to multifamily residential property. It does not apply by its terms to shopping centers, hotels, bars, or parking garages that are not part of a multifamily property, although section 768.0701 applies to "commercial or real property" generally.

How Your Case Is Referred

Your case will be referred to another lawyer. Recalde Law Firm, P.A. does not litigate premises injury cases. Rafael Recalde reviews what happened and, if the matter appears to have merit, refers it to another Florida lawyer or law firm that handles premises liability cases.

You will know which firm will handle your case before you sign anything. Under Rule 4-1.5 of the Rules Regulating The Florida Bar, a fee can be divided between firms only with your written consent, in a written contract signed by you and by each participating firm, and each firm accepts joint legal responsibility for your representation. You are always free to choose a different lawyer.

Frequently Asked Questions

Q: What is the Florida apartment security presumption?

Under section 768.0706, Florida Statutes, the owner or operator of a residential property with at least five units that substantially implements listed security measures has a presumption against liability for crimes committed on the property by third parties who are not its employees or agents.

Q: Who has to prove the apartment complex had the required security?

The owner. Section 768.0706(3) puts the burden of proof on the owner or principal operator to show it substantially implemented the security measures.

Q: Does the jury consider the criminal's fault in a Florida negligent security case?

Yes. Section 768.0701, Florida Statutes, requires the trier of fact to consider the fault of all persons who contributed to the injury, including the person who committed the crime.

Q: How long must apartment security video be kept under the statute?

To qualify for the presumption, section 768.0706(2)(a)1. requires a camera system at points of entry and exit that keeps footage retrievable for at least 30 days.

Sources

• Section 768.0706, Florida Statutes (2026) — multifamily residential property security; presumption against liability
• Section 768.0701, Florida Statutes (2026) — premises liability for criminal acts of third parties
• Section 768.81, Florida Statutes (2026) — comparative fault; subsection (6)
• Chapter 2023-15, Laws of Florida (HB 837), sections 7, 8, 30, and 31

This article explains general Florida law as of October 9, 2026. It is not legal advice about your situation.