It’s rare for a state to enact a statute specifically designed to increase the security and safety of private businesses. It’s even more exceptional when that statute includes the reduction or elimination of liability. That’s exactly what happened with the enactment of Florida Statute 768.0706.
The requirements of FS 768.0706 are not unreasonable and can significantly reduce the overall liability of multifamily property owners or operators. While an act of the Florida Legislature, the statute has a nationwide impact.
In January 2025, Florida enacted Florida Statute 768.0706, “Multifamily Residential Property Safety and Security; Presumption Against Liability.” The statute establishes liability protections for owners, lessors, and operators of multifamily residential properties who implement the specified crime deterrence measures.
If these safety measures are in place, the property owner is presumed not liable for criminal acts committed by third parties on the premises.
A frequent question is, “Am I required to comply with the statute?” The answer: No. However, the statute specifies that owners of multifamily residential properties — defined as apartments, townhouses, or condominiums with at least five dwelling units on a distinct parcel — and principal operators (e.g., property management companies or agents) responsible for ongoing operations must comply with FS 768.0706 in order to qualify for the liability protection it offers.
To benefit from the presumption against liability, the process is straightforward. Owners or operators must:
- Implement the seven specified crime-deterrence measures set by 768.0706;
- Have a current Crime Prevention Through Environmental Design (CPTED) assessment;
- Provide the required crime-deterrence and safety training to employees.
It’s important to understand that to meet the standard, these seven measures must be verified by a Florida Attorney General’s Office-trained Crime Prevention Through Environmental Design Practitioner (FCP). For best results, choose a practitioner who has both risk assessment and commercial real estate experience.
Balancing risk and responsibility
The real question is why would anyone choose not to do it? Attorney Tim Baldwin with Property Management Law Solutions advises, “Any chance to make your property safer has no downside.” It’s not unlike insurance.
Another common question is, “What happens if I don’t do it?”
That’s a risk management question. If you don’t follow the state’s suggestion, additional liability may arise. You know problems can occur, and the state has provided a reasonable solution. Can you justify why you “willfully and negligently” chose not to comply? It’s something to consider.
We look at risk management very simply — there are only two possibilities and two outcomes, a total of four scenarios. Either you do something, such as follow FS 768.0706, or you don’t. Either something happens, such as a criminal act against a tenant, or nothing happens.
Your options are:
- You do a 768.0706 assessment and nothing happens — you’re lucky.
- You don’t do a 768.0706 assessment and nothing happens — you’re even luckier.
- You do a 768.0706 assessment and something bad happens — you’ve done your due diligence and have a strong basis to defend yourself.
- You don’t do a 768.0706 assessment and something bad happens — that’s really unfortunate and potentially very expensive.
Something to consider about the 768.0706 standard is that the State of Florida has set a clear benchmark. Although it is not mandatory, if you “willfully and negligently choose not to follow it,” that’s hard to justify if an unfortunate or tragic event occurs.
Insurance and nationwide implications
Insurance companies are taking note as well. Discussions with several insurance brokers indicate that many carriers writing policies in Florida are expected to require compliance with this statute as a condition of coverage. Some carriers are already excluding certain criminal acts from policies. An easily obtained “safe harbor” that reduces liability is too good to ignore.
Although a Florida statute, other states are taking notice because Florida is the only state with a defined, statute-based CPTED standard for multifamily properties. According to Kentucky attorney and risk management expert Bobby Ricks, “In litigation, meeting any recognized crime prevention standard, even from a different state, is better than doing nothing at all.”
