Attacked in an Aventura Apartment Building or Garage? What Florida’s 2023 Security Law Changed

Many people in Aventura live, visit or work in large residential towers and apartment complexes, with shared garages, controlled lobbies and amenity decks. Residents and their guests reasonably expect that the gates lock, the garage lights work and the cameras record. When someone is attacked inside one of those buildings, the first legal question is often not about the attacker at all — it is about what the property did, or failed to do, to keep people safe.

Florida changed the rules for these cases in 2023. Here is what that change means for a resident or guest who gets hurt, and why the details matter more than ever. For the broader picture of these claims across the area, see our Aventura personal injury page.

What did Florida’s 2023 law change for apartment-building attacks?

Two things: multifamily owners can earn a presumption against liability by adopting listed security measures, and juries must now weigh the attacker’s fault alongside the property’s. Both came from the 2023 tort-reform law. Under Fla. Stat. § 768.0706, the owner or principal operator of a multifamily residential property (generally, a building with five or more homes) that substantially implements certain security measures is presumed not liable for crimes committed on the premises by third parties. Under § 768.0701, in any case against a property owner over a third party’s criminal act, the jury must consider the fault of everyone who contributed to the injury — including the attacker.

Our guide to negligent security in Florida covers the general rules. This post focuses on the residential-building side.

Which security measures does the statute list?

The list is specific, and it covers cameras, lighting, locks, gates, a security assessment and staff training. In plain language, the measures include:

• A security camera system at points of entry and exit that records and keeps footage retrievable for at least 30 days.
• A lighted parking lot from dusk until dawn, at a minimum lighting level set by the statute.
• Lighting in walkways, laundry rooms, common areas and porches from dusk until dawn.
• At least a 1-inch deadbolt on each unit’s door, and a locking device on each window and exterior sliding door.
• Locked gates with key or fob access along pool fence areas.
• A peephole or door viewer on unit doors that don’t have a window.
• Since January 1, 2025, a crime prevention through environmental design (CPTED) assessment no more than three years old, and crime deterrence and safety training for employees.

Does the presumption mean I can’t sue the building?

No. It raises the bar, but whether the owner actually and substantially implemented each measure is a factual question that has to be proven. A camera system that wasn’t recording, a garage with burned-out lights, a pool gate that didn’t latch, or an assessment that was never done can all matter. The presumption also applies to residential multifamily properties — it does not cover every place an attack can happen, such as a retail parking garage or a hotel.

That is why the first weeks count. Video retention, maintenance logs, lighting work orders, access-fob records, the CPTED assessment and training records are all in the owner’s or management company’s hands, and some of it is on a timer.

How does the attacker’s fault affect my claim?

The jury divides responsibility among everyone who contributed to the injury, which can reduce the share the property owner pays. That does not make a claim worthless — it makes the quality of the evidence against the property more important. A well-documented history of prior incidents, ignored complaints or broken security equipment is what shows the owner’s own share of fault.

What should a resident or guest do after an attack in a building?

• Get medical care and keep every record.
• Report it to police and get the case number.
• Write down what you saw about the building’s security that day — a broken gate, a dark stairwell, an unattended desk — and photograph it if you safely can.
• Keep your lease, guest pass or visitor log entry showing you were lawfully there.
• Don’t sign statements or releases for management or an insurer before talking to a lawyer.
• Move quickly on the video. A lawyer can send a preservation letter to the owner and management company right away.

How long do I have?

Generally two years from the incident for negligence claims arising on or after March 24, 2023. Because buildings may keep footage only as long as their systems are set to, and because a claim under the 2023 law depends on records the owner controls, waiting is costly. This is a branch of premises liability, and the same urgency applies.

Talk to a negligent security lawyer

JMM represents people hurt by violent crime on poorly secured property across Miami-Dade, from Aventura to Miami Beach negligent security cases involving hotels, clubs and garages. We investigate the building, not just the incident — in English or Spanish.