1 | Representative Ambler offered the following: |
2 |
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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 |
7 | agencies or subdivisions, or an electric utility, as defined in |
8 | s. 366.02(2), that maintains street lights is presumed to be not |
9 | negligent in the maintenance of the street lights if the entity |
10 | or utility: |
11 | (a) Logs reports of inoperative or malfunctioning street |
12 | lights that result from any citizen complaint or from any |
13 | voluntary inspection; and |
14 | (b) Repairs reported inoperative or malfunctioning street |
15 | lights within 30 days after receiving the report or, if in an |
16 | area affected by a state of emergency declared by federal, |
17 | state, or local authorities, within 180 days after the cessation |
18 | of the emergency. |
19 | (2) The presumption under subsection (1) that the entity |
20 | or utility is not negligent is rebuttable. |
21 | (3) In an action for damages arising out of a personal |
22 | injury or wrongful death in which a duty to maintain street |
23 | lights is at issue, an entity responsible for maintaining the |
24 | street lights that is not a party to the litigation may not be |
25 | deemed or found at fault or responsible for the injury or death |
26 | that 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: |
30 | F.S.; providing for a rebuttable presumption that certain |
31 | entities are not negligent in the maintenance of street |
32 | lights when certain procedures are followed; prohibiting |
33 | certain findings of fault or |