State of Florida Statute 768.0706 Compliance

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​​​WHAT is the State of Florida Statute 768.0706 or HB 837?
 

In March 2023, the State of Florida passed a series of major tort reforms into law including Florida Statute 768.0706. This new law provides multifamily property owners with an unprecedented level of protection against frivolous lawsuits resulting from criminal activity.

As described in Fla. Stat. § 768.0706(2): “The owner or principal operator of a multifamily residential property which substantially implements the following security measures on that property has a presumption against liability in connection with criminal acts that occur on the premises which are committed by third parties who are not employees or agents of the owner or operator:”

WHAT Florida Property Types fall into the criteria for compliance with Statute 768.0706?

The following multi-family classifications are required to comply with this statute:​

1. Apartment Buildings and Communities.
2. Condominium and Townhome Communities.
3. Hotels and hospitality properties that consist of individual condo ownership.
4. Any other multi-family property that features 5 or more units.
   

WHAT are the minimum requirements for compliance with Florida Statute 768.0706?

• THE CPTED Assessment: By January 1, 2025, all affected properties must have a crime prevention through environmental design (CPTED) assessment conducted by a Florida CPTED Practitioner or law enforcement agency that is no older than three years. Practitioner must have attended specialized training and be certifed by the State of Florida Attorney General's Office AND be a Third Party.

• Management Action Plan (MAP): Once a CPTED assessment is received by the affected property, they must create a management action plan around the recommendations provided by the CPTED Practitioner and begin implementing.     

• Initial Security Awareness Training: By January 1, 2025, all employees must receive “proper crime deterrence and safety training” encompassing a review of the seven issues required by Subsection A of the statute. The initial training MUST be conducted by the same State-Certified CPTED Practitioner who completed the CPTED assessment.

• NEW Hire Training: After 1 January 2025, all newly hired employees must complete the same training within 60 days of hire. 

• NEW CPTED Assessment: A new CPTED assessment must be completed every 3 years, of the delivered date of the first assessment.
  

WHAT are the Legal and Financial benefits once a property is in compliance with Florida Statute 768.0706 (HB 837)?

Being compliant with this statute, making improvements by the CPTED Practitioner, and maintaining processes can provide several advantages and specific benefits, including: 

• LEGAL/LIMITATION OF LIABILITY: Compliance can provide legal protection and immunity from lawsuits related to injuries occurring on the property or criminal acts commited by third parties, provided security and safety features are maintained, which can reduce the financial burden from potential legal claims.

• CURRENT RESIDENT SECURITY & SAFETY: Once security measures are in place, it can improve the confidence and trust of existing residents and retain them longer.

• ATTRACTING NEW TENANTS/RESIDENTS/GUESTS: Properties that are compliant with security and safety features are often more attractive to potential tenants, as they can evaluate security measures as a solid benefit for future residency. Increased occupancy rates can also equate to higher income potential for rentals and RevPar for Condo Hotels.

• PROTECTION OF TENANT'S RIGHTS: Compliance fosters a culture of safety and responsibility, which can enhance tenant relations and lead to longer lease terms or increased tenant satisfaction.

• REDUCED INSURANCE PREMIUMS: Insurance companies may lower premiums and incentivize property owners that comply with security and safety standards, as they are seen as a lower risk. This often translates into substantial savings on general liability, property and worker's compensation insurance premiums.

• REAL ESTATE VALUATION/INCREASED PROPERTY VALUES: Property owners that become compliant with the statute, will experience higher market values due to reduced liability and perceived safety which can attact more buyers and investors.

• TAX BENEFITS: Depending on the jurisdiction, there may be tax incentives or benefits for properties that maintain specific security and safety features, as mandated by law.

• ACCESS TO FINANCING: Properties that meet and maintain safety, security and liability standards may have better access to financing options, as lenders often look for lower-risk investments.

• IMPROVED COMMUNITY RELATIONS AND REPUTATION: Properties known for compliance and security measures can enhance their reputation within the community, fostering a positive relationship with nearby residents, city councils and local authorities.

• COMPLIANCE WITH LOCAL REGULATIONS: Adhering to Florida Statute 768.0607 ensures compliance with state laws, which can prevent potential penalties or fines.

• ENHANCED OPERATIONAL STABILITY:  By ensuring compliance, property owners can operate with a greater level of certainty regarding their liability exposure, leading to better overall operational management.
  

WHY Choose Philip Farina and The Risky Business Team To Conduct your CPTED ASSESSMENT and TRAINING?

1. A recognized and respected, board certified security management and antiterrorism expert and workplace safety advisor. (See About Risky Business page).
2. A Florida Resident who knows the state and it's people, it's challenges, local crime trends and opportunities.
3. A State of Florida Attorney General's Office Certified CPTED Practitioner.
4. Advisors have over 150 years combined experience conducting thousands of assessments and providing training to tens of thousands of customers and employees.

WHAT does a Risky Business 768.0706 Compliance Assessment Include:

All CPTED Assignments/Contracts include:

• A State of Florida Certified CPTED Assessment with outdoor lighting evaluation.
• An in-depth OSHA Compliance/Walk-Through Survey. 
• A U.S. Government-Level Antiterrorism Assessment.
• A Custom Training Program Built Specifically for YOUR Property that you can use to assist future employees.
• If needed, we will employ state-of-the-art thermal and night vision equipment along with utilizing a video-capturing drone through an FFA-Certified Drone Operator to assist.