CODING: Words stricken are deletions; words underlined are additions.
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
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11 Representative(s) Heyman offered the following:
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13 Amendment (with title amendment)
14 On page 31, line 30,
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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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File original & 9 copies 03/08/99
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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.
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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,
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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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