By Amanda Podlucky, J.D., Partner at Cobb/Gonzalez

What We Know About the New Civil Remedies Law and Multi-family

There is no question that Florida’s 2023 Tort Reform overhaul provided much needed relief for business owners and operators facing costly and time-consuming litigation. The laws tackled how and when plaintiffs and plaintiffs’ attorneys could bring new claims against business owners, arguably with the biggest impacts favoring multifamily residential properties who implement comprehensive safety and security measures.  Newly implemented Florida Statutes Section 768.0706 provides a presumption against liability for these properties, and applies to both the owners and principal operators of the properties, so long as they “substantially implement” security measures ranging from security camera systems to increased lighting to functioning access control gates, among others.  

‍

What’s Open to Interpretation

While the statute provides a list of security measures, it does not define “substantial implementation,” leaving this open to interpretation by the courts. The presumption also shifts the burden of proof onto the property owners and managers, placing an even greater importance on ensuring security measures are sufficiently implemented.

Watch our Webinar on Tort Reform

“Tort Reform and Multifamily: What’s Your Exposure?”  adresses the various security measures outlined in the statute, along with in-depth discussions about substantial compliance in order to ensure the benefit of the presumption.  Would it be better to try and tackle all of the measures, or would it be best to focus on only some of the measures so as to be able to better ensure constant compliance?  What if you can have it all?  

‍

About Amanda Podlucky, J.D.

Amanda is a Partner at Cobb & Gonzalez PA, where she serves as the leader of the firm’s General Liability practice group. Amanda focuses her practice on representing clients in premises liability matters, including aggressively defending hotels, restaurants, retailers, recreational facilities and multi-family housing facilities against personal injury, negligent security and related general liability claims.