HB 1573

1	A bill to be entitled
2	An act relating to street lighting; creating s. 768.1382,
3	F.S.; limiting liability for persons or political
4	subdivisions providing street lights, security lights, or
5	other similar illumination; providing that certain
6	entities do not owe duty to the public to provide,
7	operate, or maintain illumination; providing for
8	application; providing an effective date.
9
10	WHEREAS, the Legislature finds that the majority opinion in
11	Clay Electric v. Johnson was wrongly decided on public policy
12	and legal grounds, and, if the decision remains valid, it will
13	dramatically decrease public safety in Florida, and
14	WHEREAS, as noted by the dissenting opinion, the majority
15	opinion would place Florida among a small minority of states
16	that would impose liability on a utility to third parties for
17	injuries caused by nonfunctioning street lights, and
18	WHEREAS, states such as California, Georgia, New Jersey,
19	Louisiana, Maryland, New York, Ohio, Utah, Pennsylvania, and
20	Rhode Island have declined to impose a duty on utilities to
21	third parties to maintain street lights, and
22	WHEREAS, there is no sound public policy that would justify
23	imposing such a duty in Florida on utilities or other persons,
24	corporations, municipalities, or entities, and
25	WHEREAS, the Legislature finds that if the majority opinion
26	remained law, it is highly likely that the state courts would
27	also impose a duty and liability on homeowners' associations,
28	small businesses, related persons, corporations, municipalities,
29	and other entities to maintain street lights and similar
30	illumination and the effect of this liability would deter
31	utilities and other persons, corporations, municipalities, and
32	entities from constructing or maintaining street lights and
33	similar illumination for fear of liability to third parties, and
34	WHEREAS, the Legislature finds that the majority of states
35	follow Justice Cardozo's opinion in H.R. Moch Co. v. Rensselaer
36	Water Co. 159 N.E. 896 (N.Y. 1928) and view street lights as a
37	mere benefit, the deprivation of which does not result in
38	liability, and
39	WHEREAS, the Legislature also finds that the dissenting
40	opinion properly states the appropriate public policy rationale
41	and proper legal analysis, and
42	WHEREAS, the Legislature hereby rejects the majority
43	opinion in Clay Electric v. Johnson and adopts the dissenting
44	opinion, and
45	WHEREAS, the Legislature declares that there shall be no
46	duty on persons, corporations, municipalities, or other entities
47	to maintain street lights or similar illumination for the
48	benefit of third parties, NOW, THEREFORE,
49
50	Be It Enacted by the Legislature of the State of Florida:
51
52	Section 1.  Section 768.1382, Florida Statutes, is created
53	to read:
54	768.1382  Limitation on liability for persons or political
55	subdivisions providing street lights, security lights, or other
56	similar illumination; no duty owed to provide, operate, or
57	maintain illumination.--Any person, as defined in s. 1.01, or
58	political subdivision, as defined in s. 1.01, that provides,
59	operates, or maintains street lights, security lights, or other
60	similar illumination shall not be held liable for any civil
61	damages for injury or death affected or caused by the adequacy
62	or failure of illumination of such lights, regardless of whether
63	the adequacy or failure of illumination is alleged or
64	demonstrated to have contributed in any manner to the injury or
65	death. No person, corporation, municipality, political
66	subdivision, or other entity that provides, operates, or
67	maintains a manner of illumination described in this section
68	owes a duty to the public to provide, operate, or maintain the
69	illumination in any manner.
70	Section 2.  This act shall take effect upon becoming a law
71	and shall apply to all cases pending or filed on or after the
72	effective date of this act.

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