ORLANDO, Fla. — WESH 2 Investigates has received information that the family of Miya Marcano has reached a settlement in their legal case against the company that owns the apartment complex where she was tragically killed.
Miya Marcano’s grieving parents, Marlon Marcano, and Yma Scarbriel, initiated a lawsuit against Arden Villas and its management partner, the Preiss Company. All parties involved have now come to a resolution, as confirmed by the Marcano family’s legal representatives.
Attorney Michael Haggard stated, “The details of the case have been resolved in a confidential manner,” indicating that he cannot disclose further specifics.
Daryl K. Washington, another attorney representing the family, expressed, “Miya’s untimely passing left an impact far and wide. She was an exceptional individual whose memory will forever be cherished by her family, friends, and even strangers.
When the family initially contacted my law firm, their aim was to seek answers.” Through the efforts of Miya’s parents, a new legislation called “Miya’s Law” was passed in both Florida and Virginia.
This law mandates apartment complexes to conduct background checks on employees and provide reasonable notice before entering tenants’ apartments. Washington added, “I will always remember Miya and her radiant smile that continues to brighten our days.”
Arden Villas is situated near the University of Central Florida, at the intersection of University Boulevard and Rouse Road.
Miya Marcano was a 19-year-old student at Valencia College when she was abducted on September 24, 2021, from her residence in Arden Villas. Her assailant, Armando Manuel Caballero, also an employee of the complex, took his own life a few days later.
Marcano’s body was discovered the following week. Caballero had gained access to Marcano’s unit using a master key and waited there for the fatal attack. In the present year, the enactment of “Miya’s Law” (Senate Bill 898) requires apartments to conduct mandatory nationwide background checks on employees.
It also necessitates the monitoring of security and apartment key issuance and retrieval. Maintenance staff must provide a 24-hour notice before entering units, limited to the hours between 7:30 a.m. and 8 p.m.
State Senator Linda Stewart, a Democrat from Orlando, sponsored this legislation and noted, “We have significantly enhanced the security for residents.” Following the passage of Miya’s Law, individuals like Sydney Towle, a resident of Arden Villas, expressed feeling safer. Towle remarked, “It’s unfortunate that it took such a significant event to drive change, but knowing this, I do feel considerably more secure.”
While Miya’s Law aims to enhance safety for apartment residents, a new law passed during the same year makes it more challenging for crime victims and their families to seek compensation in negligence lawsuits against apartment and condo proprietors.
Marlon Marcano, Miya’s father, went to Tallahassee on March 14 to voice his opposition to Senate Bill 236 and its related bill, HB 837. He contended that these bills weakened the protections provided by Miya’s Law. These bills were approved and took effect on July 1.
Under the new legislation, juries must now consider shared responsibility. This implies that apartment owners might bear less liability if a non-employee perpetrates an attack on their property.
Essentially, the jury could attribute more responsibility for the harm caused to the criminal rather than the apartment complex. Additionally, this law imposes limits on medical and negligence payouts, potentially reducing apartment owners’ liability through security enhancements.
For instance, if apartments are equipped with gates, surveillance cameras, doors with peepholes and deadbolts, and adequate lighting for parking lots, pathways, and buildings, these measures could further shield property owners from liability in lawsuits.
The Marcano family’s attorney contends that this law essentially allows property owners to shift blame onto criminals to evade questions about their security practices and to avoid payouts in civil lawsuits.
Haggard stated, “By placing the blame on the criminal, we might question the necessity of security personnel or improved lighting. The issue is, what might be the consequence of this approach? Increased criminal activity.”
