Florida Statute 768.0706
Compliance Guide
Florida Statute 768.0706 Compliance Guide
Florida Statute 768.0706 Compliance Guide
General information about Florida Statute 768.0706 — not legal advice. For questions about a specific property or claim, consult a Florida attorney.
Florida law gives multifamily property owners something valuable: a presumption against liability when a third party commits a crime on the property — but only if the property has substantially implemented specific security measures, has a current CPTED assessment, and has trained its employees. This guide walks through what 768.0706 compliance actually involves and what I check when I assess a property against the statute’s measures.
What the law does
Florida Statute 768.0706, part of HB 837 (2023), says the owner or principal operator of a multifamily residential property that substantially implements the security measures in the statute has a presumption against liability for criminal acts on the premises committed by third parties — people who are not employees or agents of the owner or operator.
Two things to understand up front:
- It is a presumption, not immunity. A crime victim can still bring a claim and try to rebut it. What the statute does is shift the starting position in your favor — if you can show you did the work.
- The burden is on you. The statute says so directly: the owner or principal operator has to demonstrate substantial implementation. That is why documentation matters as much as the measures themselves. An assessment report, lighting measurements, training records, and work orders are what prove the work was done.
Who 768.0706 compliance applies to
The statute covers a “multifamily residential property”: a residential building, or group of residential buildings — apartments, townhouses, or condominiums — consisting of at least five dwelling units on a particular parcel.
That includes condo associations, not just apartment complexes. Meeting the statute is voluntary — no owner is legally required to do it — but if your property has five or more units on one parcel, meeting these requirements is how you earn the presumption against liability.
The three requirements
Everything in the statute comes down to three things:
- Seven physical security measures, substantially implemented.
- A CPTED assessment no more than 3 years old, performed by a law enforcement agency or a Florida CPTED Practitioner (FCP) designated by the Florida Crime Prevention Training Institute (FCPTI) of the Department of Legal Affairs. You must remain in substantial compliance with the assessment.
- Crime deterrence and safety training for employees — new hires within 60 days of hire, training reviewed at least every 3 years and updated as necessary.
The original compliance date in the statute was January 1, 2025. What matters now is currency: your assessment must be no more than 3 years old, your training current, and your measures maintained. Compliance is a cycle, not a one-time deadline.
The seven security measures — and what I check on site
1. Security cameras at entry and exit points
The statute requires a camera system at points of entry and exit that records video and maintains it retrievable for at least 30 days, to assist in offender identification and apprehension.
What I check: do the cameras actually cover the entries, or just the parking lot? Is the picture usable at night? Can someone on staff actually pull footage from 20 days ago — or does the system overwrite in a week and nobody noticed? A camera that is installed but not recording, or recording over itself, does not meet the standard in practice.
2. Parking lot lighting: 1.8 foot-candles
The statute requires a lighted parking lot at an average of at least 1.8 foot-candles at 18 inches above the surface, from dusk until dawn or controlled by a photocell or similar device.
This is the one measure with a number attached, and it is the one most often missed — because it has to be measured, not eyeballed. I measure lighting on site at night with a light meter: the average across the lot, not the brightest spot. Fixtures burn out, trees grow over them, and a lot that looked fine at installation can measure well under 1.8 fc a year later. Note that 1.8 foot-candles is the number the statute sets for this legal test; it is not a lighting-design standard.
3. Walkway, laundry room, common area, and porch lighting
Lighting in walkways, laundry rooms, common areas, and porches must be illuminated from dusk until dawn or controlled by a photocell.
What I check: burned-out fixtures, timers and photocells that no longer work, and areas — stairwells, laundry rooms, back walkways — where the lighting was never adequate to begin with. These are the places residents walk after dark, and they are the places that get overlooked.
4. A 1-inch deadbolt on each dwelling unit door
At least a 1-inch deadbolt in each dwelling unit door.
What I check: a representative sample of unit doors — deadbolt present, throw length, strike plate secured, frame solid. A deadbolt in a rotted frame is not security.
5. Locking devices on windows, sliding doors, and other doors
A locking device on each window, each exterior sliding door, and any other doors not used for community purposes.
What I check: sliding glass doors in particular — their locks wear out, and ground-floor units are the ones that matter most. Windows on lower floors, and doors to storage and utility areas that should be locked but aren’t.
6. Locked pool gates with key or fob access
Locked gates with key or fob access along pool fence areas.
What I check: whether the gate actually latches and locks, whether the closer works, and whether it is propped open. A pool gate that is routinely propped open with a rock is the most common single deficiency I find.
7. Peepholes or door viewers
A peephole or door viewer on each dwelling unit door that does not include a window or does not have a window next to the door.
What I check: missing viewers, viewers painted over, viewers installed at a height nobody can use. Small item, easy fix, and it is on the list.
The CPTED assessment
A CPTED (Crime Prevention Through Environmental Design) assessment looks at how the physical environment of a property affects crime opportunity. My assessments evaluate six principles: natural surveillance, natural access control, territorial reinforcement, activity support, image and maintenance, and site/target hardening. Under the statute the assessment must be:
- No more than 3 years old — and you must remain in substantial compliance with it.
- Performed by a law enforcement agency or a Florida CPTED Practitioner designated by FCPTI.
My assessment includes daytime and nighttime observations, lighting measurements, staff interviews, and a review of procedures — then a written report with findings and recommended corrective actions. The report is both the roadmap for fixes and part of the documentation that shows the work was done.
If your last assessment is more than 3 years old, you need a new one. If it was done by someone who is not a designated FCP or a law enforcement agency, it does not count for the statute.
Employee training
The statute requires proper crime deterrence and safety training for employees — training that familiarizes them with the security principles, devices, measures, and standards in the statute. New hires must receive it within 60 days of hire, and the training must be reviewed at least every 3 years and updated as necessary.
I provide this training for multifamily staff, including new-hire sessions and the 3-year review. Training done once and never refreshed does not meet the standard — and in my experience, it is the requirement most often forgotten after the initial push.
What "substantial implementation" means in practice
The statute does not define “substantially implements” precisely, and that is the point owners should take seriously: if it is ever tested, a court will look at what you did and what you can show. Keep records — the assessment report, corrective-action work orders, invoices, photographs, lighting measurements, inspection records, and training rosters. A property that did the work but kept no records is in a much weaker position than one that can show its file.
Deficiencies I keep finding
Across multifamily assessments, the same gaps come up again and again:
- Parking lot lighting that measures under 1.8 fc — usually a few dead fixtures, not a design problem.
- Cameras installed but footage not retrievable for 30 days.
- Pool gates propped open or with broken closers.
- Training completed once, never refreshed, new hires never trained.
- A CPTED assessment more than 3 years old, or done by someone not qualified under the statute.
- No file: fixes made but nothing documented.
Most of these are inexpensive to correct. The expensive version is finding out about them after an incident.
How the process works
- Preliminary review — I walk the property and check the seven measures, the age and author of your current assessment, and your training records.
- Documented CPTED assessment — daytime and nighttime observations, lighting measurements, staff interviews, procedures review, and a written report with findings and recommendations.
- Corrective-action plan — prioritized fixes, with what to do first and what can wait.
- Training — crime deterrence and safety training for current staff and new hires.
- Staying current — reassessment before the 3-year mark, training refresh, and records kept current.
Frequently asked questions
Is 768.0706 compliance mandatory?
No. The statute does not require owners to do anything. It sets out what an owner or principal operator must substantially implement to earn the presumption against liability. Properties that don’t meet it lose that presumption, not a license or permit.
Does this apply to condominiums?
Yes. The statute covers apartments, townhouses, and condominiums with at least five dwelling units on a particular parcel.
Is the presumption the same as immunity?
No. It is a rebuttable presumption against liability for criminal acts by third parties, and the owner carries the burden of proving substantial implementation.
Who can perform the CPTED assessment?
A law enforcement agency, or a Florida CPTED Practitioner designated by the Florida Crime Prevention Training Institute of the Department of Legal Affairs.
Our assessment is more than 3 years old. What now?
You need a new one. The statute requires an assessment no more than 3 years old, and substantial compliance with it.
We have cameras and lights. Is that enough?
Only if they meet the statute’s specifics — cameras retrievable for 30 days, parking lot lighting averaging 1.8 fc, all seven measures in place, assessment current, training current — and you can show it.
Ron Vosatka, FCP, is a Certified Florida CPTED Practitioner and a contract instructor for the Florida Crime Prevention Training Institute of the Office of the Attorney General, training law enforcement professionals in crime prevention. He previously served over a decade as Director of Community Security for the Jewish Federation of Palm Beach County. Florida Security Assessments conducts CPTED and physical security assessments for apartments, condominiums, businesses, schools, and places of worship statewide, plus lighting surveys and staff safety training.
Florida Security Assessments, LLC
11582 SW Village Parkway, Unit #540, Port St Lucie, FL 34987
Phone: 561-320-3385
Email: info@floridasecurityassessments.com
Call or email to schedule a preliminary review of your property.
This page is general information about Florida Statute 768.0706, not legal advice. For questions about how the statute applies to a specific property or claim, consult a Florida attorney.
Ready to Get Started?
Let’s make your community safer—without breaking your budget.
Contact us today to schedule your affordable CPTED assessment.
Florida Security Assessments, LLC
Helping Florida multifamily communities reduce crime, enhance safety, and protect against liability.