Florida Statute 768.0706: What Multifamily Owners Should Know

A framework for a statutory presumption

Florida Statute 768.0706 establishes conditions under which an owner or principal operator of a qualifying multifamily residential property may receive a presumption against liability in connection with certain criminal acts committed by third parties. Properties seeking the statutory presumption against liability must satisfy the requirements established by F.S. 768.0706.

The statute should not be described as a blanket law requiring every Florida apartment complex to obtain a CPTED inspection. Whether the presumption is available depends on the statute and the facts.

The assessment requirement within the framework

The statute provides for a crime prevention through environmental design assessment that is no more than three years old. It must be performed by either a law enforcement agency or a Florida Crime Prevention Through Environmental Design Practitioner designated through the Florida Crime Prevention Training Institute of the Department of Legal Affairs.

The assessment is one part of a broader statutory framework. The current text also addresses cameras, lighting, door and window security, pool-gate access, employee training, and the owner’s burden to demonstrate substantial implementation.

Implementation matters

A completed report is not, by itself, a guarantee of legal protection. Owners and operators should establish responsibility for corrective work, retain supporting records, maintain installed measures, and revisit changing site conditions.

Qualified Florida counsel should evaluate statutory eligibility and legal implications. A CPTED practitioner can assess environmental and operational conditions, explain recommendations, and support a practical implementation roadmap.

Questions to bring to the project team

Confirm whether the property meets the statutory definition, who will coordinate counsel and operational stakeholders, whether the assessor holds a qualification recognized by the statute, and how implementation evidence will be maintained over time.

Primary sources

• Florida Statutes — F.S. 768.0706