HB 0573 2004
   
1 A bill to be entitled
2          An act relating to negligence; creating s. 768.0706, F.S.;
3    establishing a presumption of fulfilling a duty to provide
4    adequate security from criminal acts by persons on certain
5    commercial real property; providing conditions for the
6    presumption; providing for immunity from liability on
7    property in an enterprise zone; providing an exception to
8    the establishment of the presumption; amending s. 768.81,
9    F.S.; revising a comparative fault applicability provision
10    to expand the definition of "negligence cases" to include
11    civil actions for damages based upon intentional torts;
12    deleting a provision excluding actions based upon
13    intentional torts; reenacting s. 25.077, F.S., relating to
14    reporting of negligence cases, to incorporate the
15    amendment to s. 768.81, F.S., in a reference thereto;
16    providing applicability; providing an effective date.
17         
18          Be It Enacted by the Legislature of the State of Florida:
19         
20          Section 1. Section 768.0706, Florida Statutes, is created to
21    read:
22          768.0706 Adequate security; presumption; immunity from
23    liability; exception.--
24          (1) A presumption exists that a person or organization
25    owning or controlling an interest in commercial real property,
26    other than a convenience store, has fulfilled any duty to
27    provide adequate security for invitees, guests, and other
28    members of the public against criminal acts that occur on the
29    premises and that are committed by third parties who are not
30    employees or agents of the person or organization owning or
31    controlling the interest in commercial real property if, as a
32    matter of law, a judge determines that at least six of the
33    following eight conditions are met:
34          (a) Signs are prominently posted in the parking lot and
35    other public places on the premises indicating the hours of
36    normal business operations and the general security measures
37    provided.
38          (b) The parking lot, public walkways, and public building
39    entrances and exits are illuminated at an intensity of at least
40    2 foot-candles per square foot at 18 inches above the surface of
41    the ground, pavement, or walkway.
42          (c) Crime prevention training, with a curriculum approved
43    by a local law enforcement agency or the Department of Legal
44    Affairs, is provided to all nonmanagement employees. To meet the
45    requirements of this paragraph, existing employees must receive
46    training within 12 months after the effective date of this
47    section and new employees must receive training within 120 days
48    after being hired. No person shall be liable for ordinary
49    negligence due to implementing the approved curriculum if the
50    training was actually provided. Under no circumstances shall the
51    state or the local law enforcement agency be held liable for the
52    contents of the approved curriculum.
53          (d) Security cameras covering public entrances and exits
54    to buildings and at least half the area of the parking lot are
55    installed, maintained, and monitored. Cameras shall operate
56    during business hours and for at least 30 minutes after closing.
57          (e) An emergency call box linked to law enforcement, a
58    private security agency, or a security guard or other agent on
59    the premises is maintained and available within 150 feet of any
60    location in the parking lot or other public place on the
61    premises.
62          (f) A licensed security guard is on duty and is either
63    monitoring security cameras or patrolling the premises with such
64    frequency that each area of the parking lot and public spaces is
65    observed by the guard at no longer than 15-minute intervals.
66          (g) Fencing is installed and maintained which surrounds
67    parking lots and structures and limits pedestrian entry onto the
68    premises via public walkways.
69          (h) A public address system is installed and maintained
70    which is capable of reaching all areas of the premises regularly
71    frequented by the public.
72          (2) Persons or organizations owning or controlling an
73    interest in commercial real property that is located in an
74    enterprise zone designated under s. 290.0065 are immune from
75    liability in connection with criminal acts that occur on the
76    premises and that are committed by third parties who are not
77    employees or agents of the person or organization owning or
78    controlling an interest in commercial real property if such
79    persons or organizations meet at least six of the eight
80    conditions listed in subsection (1) and do not engage in gross
81    negligence that permits or invites the occurrence of the
82    criminal act.
83          (3) Failure to implement a sufficient number of the
84    conditions listed in subsection (1) shall not create a
85    presumption of liability.
86          Section 2. Subsection (4) of section 768.81, Florida
87    Statutes, is amended to read:
88          768.81 Comparative fault.--
89          (4) APPLICABILITY.--
90          (a) This section applies to negligence cases. For purposes
91    of this section, the term"negligence cases" includes, but is
92    not limited to, civil actions for damages based upon intentional
93    torts, including, but not limited to, those involving criminal
94    conduct, ortheories of negligence, strict liability, products
95    liability, professional malpractice whether couched in terms of
96    contract or tort, or breach of warranty and like theories. In
97    determining whether a case falls within the term "negligence
98    cases," the court shall look to the substance of the action and
99    not the conclusory terms used by the parties.
100          (b) This section does not apply to any action brought by
101    any person to recover actual economic damages resulting from
102    pollution, to any action based upon an intentional tort,or to
103    any cause of action as to which application of the doctrine of
104    joint and several liability is specifically provided by chapter
105    403, chapter 498, chapter 517, chapter 542, or chapter 895.
106          Section 3. For the purpose of incorporating the amendment
107    to section 768.81, Florida Statutes, in a reference thereto,
108    section 25.077, Florida Statutes, is reenacted to read:
109          25.077 Negligence case settlements and jury verdicts; case
110    reporting.--Through the state's uniform case reporting system,
111    the clerk of court shall report to the Office of the State
112    Courts Administrator, beginning in 2003, information from each
113    settlement or jury verdict and final judgment in negligence
114    cases as defined in s. 768.81(4), as the President of the Senate
115    and the Speaker of the House of Representatives deem necessary
116    from time to time. The information shall include, but need not
117    be limited to: the name of each plaintiff and defendant; the
118    verdict; the percentage of fault of each; the amount of economic
119    damages and noneconomic damages awarded to each plaintiff,
120    identifying those damages that are to be paid jointly and
121    severally and by which defendants; and the amount of any
122    punitive damages to be paid by each defendant.
123          Section 4. This act shall take effect October 1, 2004, and
124    shall apply to claims filed on or after that date.