| 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. |
| 27 |
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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 |