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Florida Negligent Security Claims

Negligent security is a premises-liability claim: a property owner's failure to provide reasonable security (lighting, locks, cameras) enables a third party's criminal attack on the premises. A 2023 law (Fla. Stat. § 768.0706) gives owners of multifamily residential property a presumption against liability if they substantially implement specified security measures.

By Find Local Law Editorial Team · Last reviewed: May 25, 2026

Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.

This is general information, not legal advice, and the 2023 negligent-security law is new and still being interpreted — talk to a Florida attorney.

A negligent security claim is a type of premises liability: when a property owner fails to provide reasonable security and that failure enables a third party’s criminal attack (an assault, robbery, or shooting) on the premises, the owner may be liable for the resulting injuries.

The 2023 change (Fla. Stat. § 768.0706)

Florida’s 2023 tort reform created a new protection for landlords. Under Fla. Stat. § 768.0706, owners and operators of multifamily residential property (apartment complexes) get a presumption against liability for injuries from third-party criminal acts if they substantially implement specified security measures, which include:

  • Security cameras at entries/exits that retain footage for at least 30 days;
  • Adequate parking-lot and common-area lighting;
  • One-inch deadbolts and window/door locks, plus door viewers;
  • A crime-prevention-through-environmental-design (CPTED) assessment; and
  • Employee crime-deterrence training.

The presumption is rebuttable, and because the statute is new, “substantially implement” hasn’t been heavily tested by appellate courts yet — so this is an evolving area.

Outside multifamily housing

For other properties (bars, stores, parking garages), negligent-security claims still proceed under traditional premises-liability principles, subject to Florida’s modified comparative negligence and the two-year deadline. To get matched with a local Florida attorney, connect with a lawyer.

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Frequently asked questions

Can a property owner be liable if I'm attacked on their property?
Possibly, under a negligent-security (premises liability) theory if inadequate security enabled the attack. But a 2023 Florida law (Fla. Stat. § 768.0706) gives compliant multifamily-residential owners a presumption against liability for third-party criminal acts.
What security measures does the 2023 law require?
Among others: security cameras retaining footage for at least 30 days, adequate parking-lot and common-area lighting, one-inch deadbolts, door viewers, a crime-prevention (CPTED) assessment, and employee crime-deterrence training (Fla. Stat. § 768.0706).
Is the presumption absolute?
No — it's a rebuttable presumption, and the statute is new and not yet heavily tested in the appellate courts. Modified comparative negligence and the two-year deadline also apply.

Sources

Related guides

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