Presumption Against Liability: What Florida Apartment Owners Need to Know

Tricorn Assessment Group helps multifamily property owners in Florida understand and document compliance with Florida Statute 768.0706, the law that provides a legal presumption against liability for crimes committed by third parties on their properties.

This article explains how the presumption against liability works, what specific security measures qualify a property for that protection, and how to document compliance so it holds up in a legal proceeding.

‍

What the presumption against liability means

Florida Statute 768.0706, enacted through HB 837 in March 2023, applies to multifamily residential properties with five or more dwelling units, including apartments, townhouses, and condominiums located on a particular parcel.

The statute creates a legal presumption against liability for property owners when third-party crimes occur on the premises, provided the owner has substantially implemented the required security measures. Substantially implemented means the property meets the requirements and maintains documentation to prove it.

The presumption matters in two practical ways. First, it shifts the burden of proof to the plaintiff, meaning the person bringing the negligent security claim must demonstrate that the property failed to meet the statutory standard. Second, it supports a motion for summary judgment, which can resolve a lawsuit before it reaches trial and significantly reduce legal costs and exposure for the property owner.

Learn more about Florida Statute 768.0706 requirements.

‍

HB 837 also changed two other aspects of Florida negligent security litigation that directly affect how these cases proceed:

• The statute of limitations for negligent security claims was reduced from four years to two years.
• Florida moved from a pure comparative negligence system to a modified comparative negligence system. Under the modified system, a plaintiff found more than 50 percent at fault for their own injuries is barred from recovering damages.
• Juries are now required to apportion fault among all parties involved in an incident, including the criminal actor. Property owners are no longer automatically held solely responsible for the financial consequences of third-party criminal acts on their premises.

‍

One important clarification: the statute does not create a private cause of action. A tenant cannot sue a property owner simply for failing to meet the security standards outlined in Florida Statute 768.0706. The protections apply when a property owner is defending against a negligent security claim.

‍

Required security measures

To qualify for the presumption against liability, property owners must substantially implement all of the following. Meeting some but not all requirements does not trigger the presumption.

‍

Security cameras

Cameras must cover all entry and exit points. Footage must be recorded and stored in a retrievable format for at least 30 days.

‍

Lighting

Parking lots must maintain an average illumination of at least 1.8 foot-candles per square foot, measured at 18 inches above the surface, from dusk to dawn. Walkways, laundry rooms, common areas, and porches must also be continuously lit during nighttime hours. Photocells or timers should automate lighting to avoid manual operation failures.

‍

Physical security hardware

• A 1-inch deadbolt on each dwelling unit door
• A peephole or door viewer on each unit door without a window
• Locking devices on all windows, exterior sliding doors, and non-community-use doors
• Locked pool gates accessible only by key or key fob

‍

CPTED assessment

A documented assessment completed by a Florida CPTED Practitioner (FCP) or a law enforcement agency, no more than three years old. The property must remain in substantial compliance with the assessment's recommendations.

‍

Employee training

All current employees must have completed crime deterrence and safety training. New employees must complete training within 60 days of hire. Training must be reviewed and updated every three years.

‍

Using CPTED principles to meet compliance requirements

‍

Crime Prevention Through Environmental Design (CPTED) forms the foundation of how Florida Statute 768.0706 approaches security. The required CPTED assessment must be completed by a Florida Crime Prevention Through Environmental Design Practitioner (FCP) or a law enforcement agency and renewed every three years.

Beyond the formal assessment requirement, CPTED principles inform how a property should be designed and maintained to reduce crime opportunity. The four core principles are:

‍

Natural surveillance

Design and maintain spaces so residents, staff, and visitors can observe their surroundings without obstruction. This means clear sightlines between units, walkways, parking areas, and building entrances.

Lighting is the most direct tool for natural surveillance. The FCPTI 2-foot/6-foot landscaping rule supports this goal: shrubs trimmed to no more than 2 feet and tree branches beginning no lower than 6 feet above ground eliminate concealment areas near entry points and walkways.

Cameras supplement natural surveillance. The statute requires cameras at entry and exit points, but additional coverage of parking aisles, mail areas, and laundry rooms is worth evaluating. Clearly visible building address numbers also support emergency response.

‍

Natural access control

Manage movement through the property by guiding people toward authorized entry points and discouraging access to restricted areas.

‍

Territorial reinforcement

Clearly define private property boundaries through fencing, signage, distinct paving, landscaping features and bollards. Visible markers distinguish private areas from public space and discourage unauthorized access.

‍

Maintenance

Property condition communicates whether a property is actively monitored. Per FCPTI guidance, deferred maintenance, damaged lighting, broken gates, and overgrown landscaping all signal reduced oversight and can increase the foreseeability of crime in the eyes of a court.

‍

How to document compliance

Meeting the physical requirements of Florida Statute 768.0706 is necessary but not sufficient. Property owners must also be able to prove compliance. Without documentation, even a property that meets every hardware requirement faces the same liability exposure as one that does not.

A compliance file should contain the following:

‍

CPTED assessment

The full written report, the date of assessment, and the name and FCP credentials of the assessor. The three-year renewal date should be tracked and the next assessment scheduled at least 90 days before expiration to allow time for any remediation the assessor recommends.

‍

Lighting

Photometric measurements from the most recent lighting inspection, including readings at 18 inches above the surface in all parking areas. The 1.8 foot-candle average must be documented with actual measurements, not assumed.

‍

Camera system

Specifications confirming coverage of all entry and exit points, documentation of footage retention settings showing 30-day storage, and maintenance records for all cameras.

‍

Physical hardware

Installation records for deadbolts, window locks, door viewers, and pool gate access systems. Maintenance logs showing inspections and any repairs made.

‍

Employee training

Names of all employees, hire dates, and training completion dates. A copy of the training records confirming it has been reviewed every three years.

‍

Creating a Management Action Plan

After completing a CPTED assessment, Tricorn recommends creating a Management Action Plan. This document lists each recommendation from the assessment, assigns responsibility for addressing it, and sets a target completion date.

If budget constraints prevent addressing all recommendations immediately, prioritizing the most significant issues first and documenting the plan demonstrates a good-faith effort to comply. Courts have recognized that documented intent to comply, paired with active implementation, supports a due diligence defense.

‍

Maintaining compliance over time

The presumption against liability is not a one-time certification. It requires ongoing maintenance, periodic reassessment, and current documentation.

Key timelines to track:

• CPTED assessment: renew every three years. Schedule at least 90 days before expiration.
• Employee training: new hires must complete training within 60 days of starting. Training curriculum must be reviewed and updated every three years.
• Camera footage: verify periodically that retention settings remain at 30 days and that cameras are recording correctly.
• Lighting: conduct periodic inspections to confirm levels remain at or above 1.8 foot-candles. Bulb aging and fixture damage reduce illumination over time.
• Access credentials: review active fob, key regularly. Remove access for former employees and former residents.

Keeping detailed records of all reported incidents, including dates, types of incidents, and the property's response to each, is worth doing proactively. Documentation of incidents and responses demonstrates active security management and supports a due diligence defense if a claim is brought.

‍

How Tricorn Assessment Group can help

Tricorn Assessment Group provides FCP-certified CPTED assessments for multifamily and commercial properties across Florida. Each assessment evaluates lighting levels, camera coverage, physical hardware, landscaping, and site design against the requirements of Florida Statute 768.0706 and broader CPTED standards.

Tricorn also provides security lighting assessments with photometric measurement records, and crime deterrence training for property staff that meets the HB 837 training requirements.

For attorneys and risk managers involved in negligent security cases, Tricorn provides FCP-certified expert witness services reviewing property security conditions, lighting standards, and CPTED compliance.

‍

Frequently asked questions

Does Florida Statute 768.0706 protect against all crimes on my property?

No. The statute creates a presumption against liability specifically for criminal acts committed by third parties who are not employees or agents of the property owner. It is not a blanket protection against all potential legal claims, and it applies only when the property has substantially implemented all required security measures. A property that has not met the requirements receives no presumption from the statute.

‍

What proof is needed to show substantial compliance under HB 837?

To demonstrate substantial compliance, a property owner needs documented evidence covering all required categories: a current CPTED assessment report, employee training records, lighting measurement documentation, camera system records showing entry and exit coverage and 30-day footage retention, and maintenance records for all physical hardware. Documentation must show that requirements were met at the time of the incident in question, not just at some earlier date.

‍

Does the statute apply if I have fewer than five units?

No. Florida Statute 768.0706 applies to multifamily residential properties with five or more dwelling units on a single parcel. Properties with fewer than five units do not fall under the statute's requirements, though other premises liability standards still apply.