final until disposition of timely filed motion for rehearing.
appeal from the Circuit Court for Miami-Dade County, Lower
Tribunal No. 16-5176 John Schlesinger, Judge.
& Lynch, P.A., and Christopher J. Lynch; Downs Law Group,
and C. David Durkee, for appellants.
Kubicki Draper, P.A., Caryn L. Bellus, and Barbara E. Fox,
for appellee 50 State Security Service, Inc.
FERNANDEZ, MILLER, and GORDO, JJ.
Nancy Cascante and Sean Hutchins, challenge a final summary
judgment rendered in favor of appellee, 50 State Security
Service, Inc. ("50 State"), in their negligent
security action. 50 State was contractually obligated to
furnish a crime analyst and security services at a parking
garage owned by Miami-Dade County (the "County").
Under the terms of the contract, the County retained
unilateral control over both the shift schedule and number of
guards assigned to the premises. Cascante was attacked and
injured in the parking garage during the early evening hours.
At the time of the attack, there was no security guard on
duty in the garage. Accordingly, the lower tribunal
determined that 50 State did not assume the County's
legal duty to protect Cascante. For the reasons explicated
below, we discern no error and affirm.
27, 2008, the County extended a Public Invitation to Bid (the
"Bid"), seeking "to establish a contract for
the purchase of security guard services in conjunction with
the needs of the Miami-Dade Transit." The types of
services required were: "(1) armed security; (2) unarmed
security; and (3) security management and supervision."
Although the vendor was required to provide security
personnel, under the Bid, the County was solely charged with
determining "the number of security officers, the shift
schedule, and level of training required."
bidder was specifically required to furnish a crime analyst.
The tasks and responsibilities of the analyst were as
The vendor shall provide a full time Crime Analyst to
compile criminal statistics to an electronic database and
analyze crime trends for all modes of [Miami-Dade] transit.
Specifically, this individual is responsible for monthly
generation of crime statistics reports and the reporting of
crime trends to management in a timely manner to effect
proactive prevention of criminal activity. This individual
is also responsible for generating other MDT reports such
as MDT bus incident reports and MDT Maintenance Repair
analyst was further charged with identifying "evolving
and existing crime patterns and series," forecasting
"future crime trends," and providing "data to
support departmental planning activities."
third addendum to the Bid (the "Addendum"), the
County specified that minimum coverage for the South Miami
Metrorail parking lot would be a single armed security guard
assigned to work from seven o'clock in the morning until
seven o'clock in the evening, seven days per week. 50
State was the winning bidder, hence, the terms of the Bid
morphed into the contract, which has become the focal point
of this litigation.
29, 2014, at approximately eight o'clock p.m., Cascante
was violently assaulted by two men in the South Miami
Metrorail Station parking garage. No roving security guard
was on duty, as the shift of the last watchman ended at seven
o'clock that evening. Vigorous efforts by the assailants
to force Cascante into her own vehicle were ...