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.