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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 1   (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

 6

 7

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 9

10                                                                

11  Representative(s) Heyman offered the following:

12

13         Amendment (with title amendment) 

14         On page 31, line 30,

15

16  insert:

17         Section 20.  Section 812.173, Florida Statutes, is

18  amended to read:

19         812.173  Convenience business security.--

20         (1)  Every convenience business shall be equipped with

21  the following security devices and standards:

22         (a)  A security camera system capable of recording and

23  retrieving an identifiable image to assist in offender

24  identification and apprehension.

25         (b)  A drop safe or cash management device for

26  restricted access to cash receipts.

27         (c)  Areas of the parking lot accessible to the public

28  and available for public use shall be A lighted parking lot

29  illuminated at an intensity of at least 2 foot-candles per

30  square foot at 18 inches above the surface.

31         (d)  A conspicuous notice at the entrance which states

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 1   (for drafter's use only)





 1  that the cash register contains $50 or less.

 2         (e)  Window signage that allows a clear and

 3  unobstructed view from outside the building and in a normal

 4  line of sight of the cash register and sales transaction area.

 5         (f)  Height markers at the entrance of the convenience

 6  business which display height measures.

 7         (g)  A cash management policy to limit the cash on hand

 8  at all times after 11 p.m.

 9         (2)  A convenience business shall not have window

10  tinting or covering that reduces exterior or interior view in

11  a normal line of sight.

12         (3)  Every convenience business shall be equipped with

13  a silent alarm to law enforcement or a private security

14  agency, unless application for an exemption is made to and

15  granted by the Attorney General.  An application for exemption

16  must be in writing and must be accompanied by an

17  administrative fee of $25 for each store for which an

18  exemption would apply.

19         (3)(4)  If a murder, robbery, sexual battery,

20  aggravated assault, aggravated battery, or kidnapping or false

21  imprisonment, as those crimes are identified and defined by

22  Florida Statutes, occurs or has occurred at a convenience

23  business site since July 1, 1989, and arises out of the

24  operation of the convenience business, that convenience

25  business shall implement at least one of the following

26  security measures:

27         (a)  Provide at least two employees on the premises at

28  all times after 11 p.m. and before 5 a.m.;

29         (b)  Install for use by employees at all times after 11

30  p.m. and before 5 a.m. a secured safety enclosure of

31  transparent polycarbonate or other material that meets at

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 1   (for drafter's use only)





 1  least one of the following minimum standards:

 2         1.  American Society for Testing and Materials Standard

 3  D3935 (classification PC110 B 3 0800700) and that has a

 4  thickness of at least 0.375 inches and has an impact strength

 5  of at least 200 foot pounds; or

 6         2.  Underwriters Laboratory Standard UL 752 for medium

 7  power small arms (level one), Bullet Resisting Equipment;

 8         (c)  Provide a security guard on the premises at all

 9  times after 11 p.m. and before 5 a.m.;

10         (d)  Lock the business premises throughout the hours of

11  11 p.m. to 5 a.m., and only transact business through an

12  indirect pass-through trough, trapdoor, trapdrawer, or window;

13  or

14         (e)  Close the business at all times after 11 p.m. and

15  before 5 a.m.

16         (4)(5)  For purposes of this section, any convenience

17  business that by law implemented any of the security measures

18  set forth in paragraphs (3)(4)(a) through (e) and has

19  maintained said measures as required by the Department of

20  Legal Affairs without any occurrence or incidence of the

21  crimes identified by subsection (3) (4) for a period of no

22  less than 24 months may discontinue any immediately preceding

23  the filing of a notice of exemption, may file with the

24  department a notice of exemption from these enhanced security

25  measure measures.  In no event shall this exemption be

26  interpreted to preclude full compliance with the security

27  measures set forth in subsection (3) (4) should any occurrence

28  or incidence of the crimes identified by subsection (3) (4)

29  cause subsection (3) (4) to be statutorily applicable. As of

30  the date this act becomes revised, it is the duty of law, the

31  Department of Legal Affairs will provide notice to any

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 1   (for drafter's use only)





 1  convenience business to which a subsection (3) (4) incident

 2  has previously occurred to determine through local law

 3  enforcement what criminal incidents have occurred at that

 4  convenience business site.  In no event shall the state or the

 5  Department of Legal Affairs incur any liability for the

 6  regulation and enforcement of this act.

 7         Section 21.  Section 812.174, Florida Statutes, is

 8  amended to read:

 9         812.174  Training of employees.--The owner or principal

10  operator of a convenience business or convenience businesses

11  shall provide proper robbery deterrence and safety training

12  that incorporates industry standards and state requirements by

13  an approved curriculum to its retail employees within 30 60

14  days after of employment.  Existing retail employees shall

15  receive training within 60 days after the effective date of

16  this revision 6 months of April 8, 1992.  A proposed

17  curriculum shall be submitted in writing to the Attorney

18  General within 60 days after the effective date of this

19  revision with an administrative fee not to exceed $100. The

20  curriculum shall include material that trains and familiarizes

21  retail employees with the security principles, devices, and

22  measures required by s. 812.173.  The Attorney General shall

23  review and approve or disapprove the curriculum in writing

24  within 60 days after receipt.  The state shall have no

25  liability for approving or disapproving a training curriculum

26  under this section.  Approval shall be given to a curriculum

27  which trains and familiarizes retail employees with the

28  security principles, devices, and measures required by s.

29  812.173. Disapproval of a curriculum shall be subject to the

30  provisions of chapter 120.  No person shall be liable for

31  ordinary negligence due to implementing an approved curriculum

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 1   (for drafter's use only)





 1  if the training was actually provided.  A curriculum shall be

 2  submitted for reapproval biennially and whenever substantial

 3  revisions are made with an administrative fee not to exceed

 4  $100. The Attorney General shall keep the curriculum on file.

 5  Any curriculum approved by the Attorney General since

 6  September 1990 shall be subject to reapproval 2 years from the

 7  anniversary of initial approval and biennially thereafter.

 8

 9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 4, line 4, after the semicolon,

13

14  insert:

15         amending s. 812.173, F.S.; revising

16         requirements with respect to convenience

17         business security; amending s. 812.174, F.S.;

18         revising language with respect to the training

19         of employees; eliminating a fee;

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