HB 837 in 2026: Comprehensive Guide to the Current Landscape

HB 837 changed the game for Florida property owners in ways still unfolding today. This tort reform legislation rewrote the rules of civil litigation, and the impact runs deeper than most realize. Commercial real estate operators now carry a new set of responsibilities under the updated legal framework. Knowing what changed and what to do about it is essential as we head into 2026. The provisions span negligent security, medical damages, and filing timelines. This guide walks property owners through each step so they can move forward with confidence.

What Is Florida HB 837? A Tort Reform Overview

Florida’s civil justice system got a major overhaul with this legislation, and it is one of the most consequential shifts property owners have seen in decades. Known officially as “Civil Remedies,” it touches nearly every aspect of how personal injury cases are handled in the state. Property owners and operators who understand how this reform shapes their legal standing are in a far better position than those who do not.

Property owners in Florida sit right at the center of this shift. Each provision carries real implications for how they operate and protect their assets. Florida tort reform HB 837 addressed four core areas: comparative negligence, negligent security, medical damages, and the statute of limitations.

The Shift to Modified Comparative Negligence

Before this legislation became law, Florida operated under a pure comparative negligence standard. Under that framework, a plaintiff could recover damages even if 90% at fault. That created a legal environment where property owners often absorbed costs far beyond their actual share of responsibility.

Any plaintiff found to be more than 50% responsible for their own injuries is now barred from recovering damages. HB 837 in Florida changed that in a meaningful way. Florida now stands alongside 34 other states that already recognize this approach. Property owners finally have a legal standard that reflects a fairer distribution of fault.

For hotel and multifamily operators, this is a genuine win. When a resident or guest contributes to their own harm, the law now takes that into account. Property owners are in a stronger position to defend their assets and their bottom line.

HB 837 Florida Statute of Limitations: The Two-Year Rule

One of the most impactful changes under the law is the reduction of the negligence statute of limitations. Plaintiffs had four years from the date of an incident to file a personal injury lawsuit. That window has been cut in half under the new law.

Property owners in Florida must now respond to claims faster than ever before. The two-year rule applies to causes of action that accrued after March 24, 2023. Pre-existing claims filed before that date remain subject to the old four-year timeline under HB 837, Florida.

This shorter timeline encourages plaintiffs and their attorneys to evaluate cases earlier. It also reduces the window during which uncertain claims can linger unresolved. For property owners, faster resolution translates to lower prolonged legal exposure and more predictable operations.

Medical Damages and Letters of Protection: What Changed

For years, plaintiffs could walk into court and present the full billed amount of medical expenses as evidence of damages. That number was often far removed from what was actually paid. Under HB 837, the medical bills provisions change entirely. Admissible evidence is now limited to the amount actually paid for medical services rendered.

Letters of Protection, commonly known as LOPs, are agreements between a patient and a medical provider that allow treatment to proceed while payment is pending a lawsuit settlement. They have long been used to inflate medical damage claims. The law now requires strict disclosures and puts firm limits on damages tied to unpaid LOP balances.

For uninsured patients, the admissible evidence of unpaid charges is tied to what providers are contractually obligated to accept. Property owners operating under Florida law HB 837 now benefit from damage calculations that are finally grounded in reality. This is a meaningful shift that directly addresses one of the biggest drivers of inflated insurance costs in Florida.

New Protections for Property Owners: What the Law Establishes

The negligent security provisions of this law are arguably most relevant for multifamily and hospitality property owners. Before HB 837, courts could not apportion fault to third-party criminal actors in negligent security cases. That restriction has been eliminated.

HB 837 negligent security provisions now allow courts to consider the criminal actor’s own fault when determining the property owner’s share of liability. This is a major departure from prior law. It gives property owners a powerful legal argument when harm results from a third party’s intentional criminal act.

More importantly, HB 837 creates a legal presumption against negligent security liability. This presumption protects owners who can demonstrate substantial compliance with specific security standards. For hotels, motels, apartment communities, and multifamily buildings with five or more units, the requirements are clearly outlined under bill HB 837.

• Security cameras at all entry and exit points, retaining footage for at least 30 days
• Parking lot lighting maintained at a minimum of 1.8 foot-candles from dusk to dawn, escalating to 3.0 foot-candles in areas of high crime
• Lighting in common areas, walkways, porches, and laundry rooms from dusk to dawn
• A minimum one-inch deadbolt on every dwelling unit door
• Locking devices on all windows and sliding doors
• Locked gates around pool areas
• A peephole or viewer on doors without an adjacent window

Lighting is the single most actionable item on this list. Meeting dusk-to-dawn requirements in parking lots and common areas requires a professionally designed, compliant lighting system. Property owners who have yet to address these standards would benefit from a full compliance review under HB 837, Florida update.

Is the Law Retroactive? What Property Owners Need to Know

A common question among property owners is whether the retroactive application of this law affects existing claims. The short answer is no. The law is not fully retroactive.

The modified comparative negligence standard applies only to causes of action filed after March 24, 2023. The statute of limitations changes apply solely to negligence claims accruing after that same date. Insurance policy provisions apply only to policies issued or renewed after the bill’s effective date under HB 837’s retroactive provisions.

However, Section 30 of HB 837 contains a catch-all provision. It applies the act broadly to all causes of action filed after the effective date, unless otherwise specified. Property owners with ongoing litigation should confirm with legal counsel how this provision affects their cases.

A Summary of All Major Changes Under the Law

Below is a consolidated overview of every major change under this legislation. Each provision carries distinct legal and operational implications for property owners across Florida.

• Comparative Negligence: Florida transitioned from pure to modified comparative negligence. Florida HB 837’s 2023 tort reform summary identifies this as one of the most consequential shifts in the law. The change applies to most civil negligence claims, except for medical malpractice.
• Statute of Limitations: The filing window for general negligence claims was significantly reduced. This applies to claims accruing after the effective date. Wrongful death and medical malpractice statutes of limitations remain unchanged.
• Medical Damages: Courts now restrict evidence of medical expenses to amounts actually paid. Letters of Protection are subject to stricter disclosure requirements. Unpaid charges are governed by health coverage status and contractual obligations.
• Negligent Security: Fault may now be apportioned, under HB 837, Florida explained, to third-party criminal actors. Property owners who meet the specified security criteria are entitled to a presumption of nonliability. The deadline to implement additional qualifying measures has passed.
• Bad Faith Insurance: Negligence alone no longer constitutes insurance bad faith. Insurers must receive written notice detailing the alleged violations before a bad-faith action may proceed. Claimants are also required to demonstrate good faith conduct when furnishing claims information.
• Attorney’s Fees: The law establishes a presumption that the lodestar fee is sufficient in most civil actions. Contingency fee multipliers are reserved for rare and exceptional circumstances.

Where Things Stand in 2026: What Property Owners Need to Know

Florida law HB 837 continues to evolve three years after enactment, with courts still interpreting certain provisions. Case law is developing around the negligent security presumption and what “substantial compliance” means in practice. Property owners are well advised to stay current with legal developments in their specific Florida market.

The deadline for implementing additional qualifying security measures has now passed. Properties that achieved compliance by that date hold a demonstrably stronger legal position today. Those who have yet to meet the required threshold face greater exposure in negligent security proceedings under HB 837, Florida update.

For multifamily owners, hoteliers, and motel operators, the implications are well established. Lighting, security cameras, and physical access controls are statutory requirements that directly determine legal standing in court. Treating them as discretionary is no longer a defensible position.

The outdoor security lighting services required for HB 837 compliance present a tangible implementation challenge for many property owners. Designing, procuring, and installing compliant systems at scale demands specialized expertise. A vertically integrated partner removes that burden entirely.

How We Help Properties Achieve Compliance

Hb 837 Florida sets a clear standard for what property owners must do to maintain their presumption against liability. Meeting the lighting and security requirements requires more than purchasing fixtures. It requires a partner who understands both the legal standard and the physical implementation process. Sustainable lighting services are designed specifically for commercial real estate portfolios facing compliance obligations.

Lighting assessments evaluate a property’s current lighting against the dusk-to-dawn standards required by the law. The team identifies gaps in coverage under HB 837, the Florida statute of limitations, and recommends specific fixture upgrades. Upgrades are implemented with precision to ensure defensible compliance.

As a vertically integrated firm, every project is managed across a single delivery structure. Consulting, design, procurement, installation, and reporting are coordinated internally. Property owners avoid the complexity of managing multiple contractors and vendors.

Consulting services also help owners understand compliance requirements tied to other Florida regulations. The firm has experience navigating building performance standards, utility rebate programs, and Florida liability statutes under HB 837, Florida explained. That regulatory breadth translates directly into more effective outcomes for clients.

Multifamily compliance work with HB 837 reflects how similar properties have approached implementation across large portfolios with national reach and local expertise.

Qualified owners can also finance compliance upgrades through shared savings plans. This approach requires no upfront capital. Improvements are funded through the utility savings they generate. For properties that need LED retrofits to meet lighting requirements, this model makes compliance financially accessible.

Secure Your Property. Protect Your NOI. Start Today.

Florida property owners operating under HB 837 cannot afford to delay compliance. The legal protections established by the law are available only to properties that meet the specified security requirements. Lighting, cameras, and access controls determine legal standing when liability is disputed. Ecofi specializes in implementing compliant lighting solutions across multifamily, hotel, and motel portfolios nationwide. Call 786.600.0620 or contact our team to schedule a complimentary property assessment.