Amendment
Bill No. 1573
Amendment No. 658101
CHAMBER ACTION
Senate House
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1Representative Ambler offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 21-42, and insert:
5     768.1382  Maintenance of street lights; negligence.--
6     (1)  A governmental entity, including the state and its
7agencies or subdivisions, or an electric utility, as defined in
8s. 366.02(2), that maintains street lights is presumed to be not
9negligent in the maintenance of the street lights if the entity
10or utility:
11     (a)  Logs reports of inoperative or malfunctioning street
12lights that result from any citizen complaint or from any
13voluntary inspection; and
14     (b)  Repairs reported inoperative or malfunctioning street
15lights within 30 days after receiving the report or, if in an
16area affected by a state of emergency declared by federal,
17state, or local authorities, within 180 days after the cessation
18of the emergency.
19     (2)  The presumption under subsection (1) that the entity
20or utility is not negligent is rebuttable.
21     (3)  In an action for damages arising out of a personal
22injury or wrongful death in which a duty to maintain street
23lights is at issue, an entity responsible for maintaining the
24street lights that is not a party to the litigation may not be
25deemed or found at fault or responsible for the injury or death
26that gave rise to the damages.
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28================ T I T L E  A M E N D M E N T =============
29     Remove lines 7-12, and insert:
30F.S.; providing for a rebuttable presumption that certain
31entities are not negligent in the maintenance of street
32lights when certain procedures are followed; prohibiting
33certain findings of fault or


CODING: Words stricken are deletions; words underlined are additions.