Florida businesses with common areas – including apartments, condos, hotels, gyms, and recreational facilities – now have a clear path to significantly reduce their liability risk through proper security implementation.Florida’s HB 837 introduces specific provisions aimed at creating a presumption against negligence in certain circumstances. This presumption is designed to protect businesses and property owners from liability under specific conditions, shifting the burden of proof to plaintiffs.
Who Can Benefit from HB 837’s Liability Protection?
Any Florida business with common areas or public access points should pay attention to this law, including:
- Apartment complexes and condominiums with shared amenities
- Hotels and resorts
- Fitness centers and recreational facilities
- Properties with shared pools, gyms, or laundry facilities
- Convenience stores and retail locations
- Any business with parking lots or common areas
Presumption Against Negligence: Key Provisions
1. Premises Liability for Criminal Acts: One of the most significant changes under HB 837 is the introduction of a presumption against negligence for property owners in premises liability cases involving criminal acts committed by third parties. Property owners can avoid liability for criminal acts that occur on their property if they meet specific security requirements. These requirements include:
- Installing security camera systems at points of entry and exits that record and maintain footage for 30 days.
- Employing trained security personnel during business hours.
- Implementing adequate lighting in parking lots and common areas.
- Locking gates and points of entry that require key or fob access, including common areas such as pools, gyms and laundry rooms.
By meeting these criteria, property owners can establish a presumption that they took reasonable steps to ensure the safety of their premises, thereby shifting the burden to the plaintiff to prove negligence.
2. Limitations on Liability for Certain Businesses: The law also provides a presumption against negligence for certain businesses, such as convenience stores, if they implement specific security measures. These measures might include:
- Maintaining clear visibility into and out of the store.
- Utilizing drop safes to minimize cash on hand.
- Training employees on proper security procedures.
- Placing height markers at exits to assist in identifying suspects.
By adhering to these guidelines, these businesses can create a legal presumption that they have taken adequate precautions to prevent criminal activity, making it harder for plaintiffs to succeed in claims alleging negligence.
Impact on Litigation
The introduction of presumptions against negligence under HB 837 significantly impacts the litigation landscape in Florida. Previously, negligent security cases typically resulted in a “battle of the experts,” with each party retaining security experts to testify about the foreseeability of criminal actions and the reasonableness of security measures. Under HB 837, property owners who implement the required security measures receive a presumption of non-negligence, potentially avoiding costly litigation.
- Burden of Proof Shift: Plaintiffs now face a higher burden of proof in premises liability cases involving third-party criminal acts. They must provide compelling evidence to overcome the presumption that property owners or businesses were not negligent.
- Encouraging Proactive Measures: The law incentivizes property owners and businesses to implement robust security measures to benefit from the presumption against negligence. This could lead to increased investments in security infrastructure and employee training.
- Potential Reduction in Litigation: By making it more challenging for plaintiffs to establish negligence, the law may lead to a reduction in the number of premises liability lawsuits. This is seen as a way to curb frivolous litigation and reduce legal costs for businesses.
Why Professional Installation Matters
Meeting HB 837’s requirements isn’t just about purchasing security cameras – it’s about implementing a comprehensive security solution that will stand up to legal scrutiny. Professional installation ensures:
- Cameras are properly positioned to cover all required areas
- Recording systems meet the 30-day retention requirement
- Equipment is properly maintained and monitored
- Documentation of compliance with state requirements
Taking Action
To benefit from HB 837’s liability protection, businesses should:
- 1. Schedule a professional security assessment
- 2. Upgrade existing security systems to meet new requirements
- 3. Implement proper employee training programs
- 4. Maintain documentation of all security measures
How Surveillance Technology Can Help
As Florida’s premier security system provider, Surveillance Technology specializes in installing camera and access control systems that meet HB 837’s requirements. Our services include:
- Professional security camera installation
- Systems designed for 30+ day retention
- Complete coverage of entry/exit points and common areas
- Design and installation of door and gate access systems
- Ongoing maintenance and support
- Documentation for liability protection
Contact Us
Don’t wait to protect your business. Contact Surveillance Technology today to schedule a consultation and learn how we can help you implement security measures that meet HB 837’s requirements and reduce your liability risk.
Legal Note: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified attorney for specific guidance regarding HB 837 and your business’s legal obligations.
