| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to negligence; creating s. 812.18, F.S.; |
| 7 | recognizing an expectation regarding the provision of |
| 8 | adequate security from certain criminal acts on specified |
| 9 | commercial real property; providing security conditions |
| 10 | that may be presented as evidence; authorizing certain |
| 11 | evidence to be admissible in civil or criminal |
| 12 | proceedings; providing applicability; providing an |
| 13 | effective date. |
| 14 |
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| 15 | Be It Enacted by the Legislature of the State of Florida: |
| 16 |
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| 17 | Section 1. Section 812.18, Florida Statutes, is created to |
| 18 | read: |
| 19 | 812.18 Business parking lot security.-- |
| 20 | (1) The Legislature recognizes that a person or |
| 21 | organization owning or controlling an interest in commercial |
| 22 | real property upon which retail sales of goods or services takes |
| 23 | place and who owns or controls a parking lot of 150 or more |
| 24 | parking spaces associated with such retail property is expected |
| 25 | to provide adequate security for invitees, guests, and other |
| 26 | members of the public to protect against reasonably foreseeable |
| 27 | and preventable criminal acts that may occur in such parking |
| 28 | lot, adjacent public walkways, common areas, and public building |
| 29 | entrances and exits on the premises. |
| 30 | (2) In determining whether adequate security to protect |
| 31 | against a reasonably foreseeable and preventable criminal act |
| 32 | was provided at the time that the criminal act occurred, any |
| 33 | party may present evidence on motion for summary judgment or at |
| 34 | trial that some or all of the following security measures had or |
| 35 | had not been taken and maintained in a reasonable, nonnegligent |
| 36 | manner: |
| 37 | (a) Signs were prominently posted in the parking lot and |
| 38 | other exterior public places on the premises indicating the |
| 39 | hours of normal business operations and advising that the |
| 40 | premises is monitored by video cameras. Signs may also provide a |
| 41 | safety message substantially similar to the following: TO HELP |
| 42 | PROTECT YOUR SAFETY AND PERSONAL PROPERTY, PLEASE LOCK YOUR |
| 43 | VEHICLE, BE ALERT, AND DO NOT LEAVE VALUABLES IN YOUR VEHICLE. |
| 44 | (b) Substantially all of the parking lot, adjacent public |
| 45 | walkways, common areas, and public building entrances and exits |
| 46 | on the premises, including the location where the criminal act |
| 47 | occurred, were illuminated at an intensity of at least 2 foot- |
| 48 | candles per square foot at 36 inches above the surface of the |
| 49 | ground, pavement, or walkway, as attested to by a certified |
| 50 | electrical engineer or a licensed electrical contractor, unless |
| 51 | another level of illumination is otherwise required by local, |
| 52 | state, or federal law. |
| 53 | (c) The person or organization owning or controlling the |
| 54 | property adopted and maintained reasonable policies and training |
| 55 | programs for employees concerning crime awareness and prevention |
| 56 | and safety and security of invitees, guests, and other members |
| 57 | of the public. |
| 58 | (d) Security cameras were installed and were operating |
| 59 | during business hours and for at least 30 minutes before the |
| 60 | opening of business and after the closing of business covering |
| 61 | substantially all the parking lot and adjacent public walkways, |
| 62 | common areas, and public building entrances and exits on the |
| 63 | premises, and the recordings for the cameras were maintained for |
| 64 | at least 30 days. |
| 65 | (e) Security cameras were installed and maintained and |
| 66 | were monitoring the location on the premises where the criminal |
| 67 | act occurred. |
| 68 | (f) One or more private security guards licensed pursuant |
| 69 | to chapter 493 or police officers were on duty, either |
| 70 | monitoring surveillance cameras or patrolling the premises, with |
| 71 | such frequency that each area of the parking lot, public |
| 72 | walkways, common areas, and public building entrances and exits |
| 73 | could be observed by the guard or guards at not less than 15- |
| 74 | minute intervals. The number of security guards or police |
| 75 | officers utilized should be based on a reasonable assessment |
| 76 | pursuant to paragraph (h). This assessment should be based, at a |
| 77 | minimum, on the number of prior crimes occurring on and around |
| 78 | the parking lot, adjacent public walkways, common areas, and |
| 79 | public building entrances and exits on the premises, the time of |
| 80 | day and season of commission of such crimes relative to the |
| 81 | hours of business operations, the size of the parking lot, and |
| 82 | the ability of the security guards or police officers to monitor |
| 83 | and patrol the premises in a timely manner as described above. |
| 84 | (g) Fencing had been installed and maintained adjacent to |
| 85 | property which limited pedestrian access and entry onto the |
| 86 | premises via public accessways and walkways and denied access |
| 87 | onto the premises from areas not intended for access onto the |
| 88 | premises. |
| 89 | (h) A person or organization owning or controlling an |
| 90 | interest in commercial real property made an assessment of the |
| 91 | appropriate security measures for the parking lot, public |
| 92 | walkways, common areas, and public building entrances and exits |
| 93 | based upon criminal incident reports from the local law |
| 94 | enforcement agency. This assessment shall include an on-site |
| 95 | examination and analysis of the business and surrounding |
| 96 | properties by the person or organization to ascertain what |
| 97 | crimes have occurred in the past, crimes likely to occur in the |
| 98 | future, and the present status of security measures. The results |
| 99 | and conclusions must be in writing and must be available through |
| 100 | discovery. |
| 101 | (3) The provisions of this section and evidence relating |
| 102 | to compliance or noncompliance with this section shall be |
| 103 | admissible in evidence in any civil or criminal proceeding, if |
| 104 | such evidence is otherwise admissible pursuant to the Florida |
| 105 | Evidence Code. |
| 106 | (4) Nothing in this section is intended to change the |
| 107 | standard of care or elements of any cause of action. |
| 108 | (5) This section shall not apply if the criminal act was |
| 109 | committed by the person owning or controlling the interest in |
| 110 | the commercial real property or an employee or agent of such |
| 111 | person. |
| 112 | Section 2. This act shall take effect July 1, 2005, and |
| 113 | shall apply to causes of action that accrue on or after that |
| 114 | date. |