State of Florida Statute 768.0706 (HB837) Compliance Service

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In March 2023, the State of Florida enacted a comprehensive Florida Statute 768.0706.

This pivotal legislation provides multifamily property owners with a significant level of protection against frivolous lawsuits resulting from criminal incidents and accidents occurring on their premises.

Under the provisions of Fla. Stat. § 768.0706(2), owners and principal operators of multifamily residential properties that proactively implement specified security measures will enjoy a presumption against liability related to criminal incidents perpetrated by third parties unaffiliated with the property, such as tenants or employees. 

This presumption essentially means that if a multifamily property owner, association or management company adheres to these security protocols, they receive unprecedented legal safeguards and are less likely to be deemed responsible for damages resulting from crimes committed on its grounds.

By complying with the established security guidelines, property owners can not only enhance the safety of their residents but also shield themselves from the financial repercussions of unfounded lawsuits that often arise in the aftermath of criminal activities.

Additionally, this legislation tackles the legal concepts of “negligent security and premisies liability" where properties could face significant liabilities for failing to implement adequate security measures, which could lead to claims of defective premises. 

With the new statute, however, property owners are incentivized to invest in comprehensive security systems—knowing that their diligence can be a crucial defense in the event of personal injury lawsuits.

Ultimately, Statute 768.0706 strikes a balance between enhancing tenant/guest security and protecting property owners from the litigation stemming from incidents beyond their control. 

The following classifications of multi-family properties are mandated to uphold security and safety standards and equitable housing for all residents:

Apartment Buildings and Communities: 

This category encompasses traditional rental apartment buildings, which consist of units that are leased out to residents on a long or short-term basis. 

Condominium & Townhome Communities: Unlike apartments, condominiums and townhomes are individually owned units within a larger community. Owners share ownership of common areas and amenities, which are maintained by a homeowners association (HOA). 

Condo Hotels and Hospitality Properties: This unique category refers to properties that function as hotels yet comprise individually owned condominium units. Owners can use their units for personal use while also participating in rental programs that allow the property to be rented out to guests when not in use. The statute acknowledges the dual nature of these properties, aiming to regulate both the residential and hospitality aspects to ensure compliance with security and safety standards.

55+ Older Senior Communities:            

These communities are specifically designed for residents aged 55 and older, often offering amenities and services tailored to the senior demographic. Regulations within this statute help safeguard the rights and well-being of senior residents, ensuring that these properties maintain a safe and supportive environment conducive to their lifestyle and needs.

All Other Multi-Family Properties with Five or More Units:                                  

This broad classification encompasses any other types of multi-family dwellings that contains five or more residential units. This can include multiple duplexes or tri-plexes that are all located on the same piece of property.

The CPTED Assessment - By January 1, 2025, all properties subject to mandatory compliance must undergo a Crime Prevention Through Environmental Design (CPTED) assessment. 

This assessment must be conducted by a State of Florida Attorney General's Office Certified CPTED Practitioner or a law enforcement agency, ensuring that the assessment is relevant and adheres to state protocols. The practitioner must operate as a Third Party, which adds a level of impartiality and objectivity to the assessment process. Assessments are valid for three years.

Management Action Plan (MAP) - Upon receiving the CPTED assessment, affected properties are obligated to thoroughly review the findings and recommendations put forth by the CPTED Practitioner. 

This requires the development of a Management Action Plan (MAP) that addresses the identified security concerns. The MAP should detail specific actions, allocate responsibilities, and establish a timeline for implementation to ensure that the recommendations are effectively executed.

Initial Security Awareness Training - Along with the CPTED assessment, by January 1, 2025, all employees must complete “proper crime deterrence and safety training.” This training covers the seven critical issues outlined in Subsection A of the governing statute. Initial training must be conducted by the same State-Certified CPTED Practitioner who performed the original assessment. 

Training for New Hires - All new employees hired after January 1, 2025, will be required to undergo the same security awareness training within 60 days of their start date. 

CPTED Reassessment - A new CPTED assessment is mandated every three years from the date of the initial assessment to ensure crime prevention strategies remain relevant and effective as conditions change. 

Being compliant with 768.0706 by making identified improvements and maintaining ongoing processes can provide several advantages and specific benefits including:  

Limitations of Liability: Compliance can serve as a robust legal shield, providing immunity from lawsuits related to injuries or criminal acts on the property. When security and safety deficiencies identified by a Certified CPTED Practitioner are addressed, the burden of potential legal claims significantly diminishes. 

Protection of Tenants’ Legal Rights: Upholding Florida Statute 768.0706 cultivates a culture of safety and responsibility, boosting resident/tenant relations and fostering longer lease agreements. Adequate security measures are a legal obligation to protect against foreseeable risks. 

Regulatory Compliance: Compliance ensures that affected properties meet any state and local regulations. This can also help avoid a Florida Statute 823.05 nuisance declaration.

Reduced Insurance Premium Costs: Many insurers recognize compliant properties as lower risks, often leading to reduced insurance premiums. Property owners who adhere to established safety and security standards can realize substantial savings across general liability, property, and workers’ compensation coverages.

Attracting New Owners Tenants, Residents and Guests: Properties complying with Statute 768.0706 are more appealing to prospective owners and residents, contributing to higher occupancy rates and increased revenue. This can also equate to higher income potential for rentals and RevPar for Condo Hotels.

Enhanced Real Estate Property Valuations: Compliance can yield higher market valuations. Reduced liability encourages more buyers and investors, benefiting your asset's overall value.

Tax Benefits: Local municipalities may offer tax incentives or benefits for properties that maintain specific security features, mandated by law. For the IRS, security measures can be a tax write-off if they are necessary and directly related to protecting a business, its assets, residents/guests or employees. 

Easier Access to Capital and Financing: Properties that meet and maintain safety, security standards may have better access to financing and restructuring options, as lenders often look for lower-risk investments. Any history of criminal incidents or third party accidents; can have a profound effect on a property’s ability to secure financing for capital improvement projects or development.

Improved Resident Safety: Effective security measures build trust among current residents, leading to increased lease renewals and encouraging repeat visits from guests.

Positive Community Relations: Properties known for their compliance often enhance their reputations, fostering goodwill with city councils and local authorities, and positively impacting surrounding neighborhoods.

Operational Stability: Understanding and managing liability exposure allows property owners to operate with greater certainty, leading to more effective overall management.

All CPTED Assignments/Contracts include:

Daytime Inspection: During the day, the assessor evaluates the property’s overall layout, landscaping, building design, and pedestrian flow. This includes assessing entry and exit points, visibility into common areas, and the presence of natural barriers or  hiding spots.

Nighttime Inspection: A crucial component, the nighttime inspection focuses specifically 

on lighting conditions. The assessor will evaluate the adequacy and effectiveness of  lighting in all common areas, pathways, and parking lots. This is where specialized tools 

come into play.

Illumination Analysis: Utilizing professional light meters, the assessor measures the foot-

candle levels in parking and common areas, ensuring they meet requirements. This is critical for both safety and compliance.

Landscaping Review: The assessment includes recommendations for trimming or removing vegetation that obstructs sightlines or creates secluded areas.

Signage and Wayfinding: The assessment examines the clarity and placement of  

directional signs, warning signs, and property rules.

Security Camera Placement: The assessment will include recommendations for optimal placement of security cameras to maximize coverage and effectiveness, especially at all community entrances and exits. 

Access Control Points: Evaluation of gates, doors, and other entry points to ensure they 

are properly secured and function effectively to control who enters and exits the property.

Specialized Equipment: If needed, we will employ state-of-the-art thermal and night vision equipment along with utilizing a video-capturing drone through an FAA-Certified Drone Operator to assist.

Additional Value-Added Features

OSHA - An In-Depth Safety Compliance Walk-Through Survey to prevent costly citations and penalties.

Antiterrorism - A U.S. Government-Level Antiterrorism Risk Assessment.

Training - A Custom Training Program Built Specifically for YOUR Property that you can use to assist current and future employees.

Litigation Support - In the event of a law suit or litigation against property owners, management or homeowner associations, working with your attorneys, we can provide a  comprehensive analysis of your case's strengths and weaknesses, ensuring protection and confidentiality under Federal Rule 26 (b)(4). 

Our expertise in current security industry standards and practices, safety compliance and requirements can be pivotal in litigation outcomes.

Philip Farina is one of the most highly respected and recognized security and safety experts, worldwide. 

Philip is a Florida Resident and U.S. Navy Veteran and U.S. Federal Law Enforcement Veteran who knows the State and it's laws, it's citizens, local and international crime challenges and opportunities.

A State of Florida Attorney General's Office Certified CPTED Practitioner and an Antiterrorism and Security Management Expert who has completed over 1000+ security, CPTED and risk assessments. 

Philip has 115+ Professional Recommendations on Linkedin.

Throughout his career, Philip Farina has trained thousands of people worldwide in the areas of corporate security, antiterrorism, executive/vip protection, surveillance detection, maritime security, CPTED and target hardening, hotel security management, safety practices, close quarter battle (CQB), tactical firearms and SWAT/Special operations. 

Philip Farina has more Experience, Certifications, Qualifications, Affiliations and Specialized Training than other providers.

Some of Philip's Certifications and Training: 

Board-Certified Protection Professional (CPP)

Board-Certified Physical Security Professional (PSP-In Progress)

Certified Lodging Security Director (CLSD)

Certified Protection Officer (CPO)

Antiterrorism Force Protection-Level 3 Certification

Personal Protection Specialist Certification

University Certificate of Private Security Management from Gwinnett Technical College

Graduate of the Executive Protection Institute (EPI)

Graduate of Vance Executive Protection Academy 

Heckler & Koch International Training Division, certified in tactical operations. 

FEMA Community Emergency Response Team (CERT) Instructor Certification 

OCAT Instructor Trainer Certfication

WMD Threat and Vulnerability Assessments Certification from George Mason University

Operational Threat, Risk and Vulnerability Assessments Certification from Texas A&M University and the U.S. Department of Homeland Security.

Additional Advisors have over 200 years combined experience conducting assessments and providing training to tens of thousands of customers and employees.

We provide 768.0706 compliance services to: Miami, Fort Lauderdale, West Palm Beach, Tampa, St. Petersburg, Naples, Fort Myers, Key West, Gainesville, Daytona, Jacksonville, Orlando, Pensacola, Tallahassee, Panama City, and Sarasota.

PROPERTY OWNERS & ASSOCIATIONS   

If you missed the January 01, 2025 DEADLINE for Florida Statute 768.0706 Compliance, schedule your initial assessment, TODAY!

 Contact Us Today