Avoid Negligence Claims: Comply with FS 768.0706 Now

In 2023, new legislation was passed (FS 768.0706) that went into effect on January 1, 2025. The legislation outlines that in order to avoid a determination of negligence in the event of a claim, the Association will have the responsibility to take certain measures to protect the property & ensure the safety of those living there.

The introduction of these deterrents (i.e. pool fobs or locks, security cameras, proper lighting, etc.) ultimately will help to protect the Association if a case is brought against them.

Additionally, it can save money on losses & defense if the Association can prove that these measures are put in place.

7 safety standards outlined by the legislation

1. Security Camera
   A security camera system at points of entry and exit which records, and maintains as retrievable for at least 30 days, video footage to assist in offender identification and apprehension.
2. Lighted Parking Lot
   A lighted parking lot illuminated at an intensity of at least an average of 1.8 foot-candles per square foot at 18 inches above the surface from dusk until dawn or controlled by photocell or any similar electronic device that provides light from dusk until dawn.
3. Lighting in walkways and more
   Lighting in walkways, laundry rooms, common areas, and porches. Such lighting must be illuminated from dusk until dawn or controlled by photocell or any similar electronic device that provides light from dusk until dawn.
4. Deadbolt in each dwelling unit door
   At least a 1-inch deadbolt in each dwelling unit door.
5. Locking Device for Windows
   A locking device on each window, each exterior sliding door, and any other doors not used for community purposes.
6. Locked gates
   Locked gates with key or fob access along pool fence areas.
7. Peepholes or Door Viewer
   A peephole or door viewer on each dwelling unit door that does not include a window or that does not have a window next to the door.

Ultimately, the requirements relating to windows & doors are up to the individual unit owner to put in place.

As policies renew now that the legislation is in effect, we have begun to see recommendations put forth by carriers in relation to the Presumptive Liability Defense Security Requirements for Florida Statute 768.

These requirements/recommendations are made by General Liability carriers (in particular) to ensure that they can adequately insure & protect the Association against any claims made by the assumption of negligence.

Since the legislation went into effect on January 1st, 2025, liability can now be found on behalf of the Association, along with the managing agent, if they are not in compliance. Therefore, it is essential that progress begins to be made towards complying with these standards.

At Travers Hartnett, we are here to help you navigate the new legislation. Call us to schedule a time to review your current security measures & assist as you transition into compliance with the new statute!

Meet the Author

Meredith Palmer

Meredith Palmer is a graduate of Penn State University. She is a licensed 2-20 Agent with 9 years of insurance experience. Her role at Travers Hartnett is Account Executive & New Business Support. Meredith upholds the Agency’s high standard in customer service & maintaining relationships with our clients.