Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. SB 1790
                        Barcode 735360
                            CHAMBER ACTION
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       05/03/2005 02:59 PM         .                    
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11  Senator Webster moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 768.1382, Florida Statutes, is
18  created to read:
19         768.1382  Streetlights, security lights, and other
20  similar illumination; limitation on liability.--
21         (1)  As used in this section, the term:
22         (a)  "Actual notice" means notification to the
23  streetlight provider that is acknowledged by the streetlight
24  provider in accordance with its designated procedures by any
25  person of an inoperative or malfunctioning streetlight using
26  the designated procedures specified by the streetlight
27  provider and containing at least the following information:
28         1.  Identification of the streetlight location with
29  such specificity that the location of the streetlight can be
30  identified by the streetlight provider.
31         2.  A description of the nature of the malfunction or
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    3:33 PM   04/29/05                               s1790c-09-j01

Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 failure of illumination of the streetlight. 2 3. Appropriate contact information, as available, 3 sufficient for the streetlight provider to contact the person 4 making the notification, such as the name and address, 5 electronic mail address, or phone number of the person making 6 the notification. 7 (b) "Designated procedures" means the procedures 8 designated by a streetlight provider to provide actual notice 9 as defined in paragraph (a). 10 (c) "Person" means any legal or natural person as 11 defined in s. 1.01(3). 12 (d) "Streetlight" means any streetlight, any outdoor 13 security light, or any outdoor area light that is owned or 14 maintained by or for a streetlight provider. The term 15 "streetlight" does not include any customer-owned or 16 customer-maintained streetlights, outdoor security lights, or 17 outdoor area lights of any type, regardless of their location. 18 (e) "Streetlight provider" means the state or any of 19 the state's officers, agencies, or instrumentalities, any 20 political subdivision as defined in s. 1.01, any public 21 utility as defined in s. 366.02(1), or any electric utility as 22 defined in s. 366.02(2). 23 (2) A streetlight provider is not liable and may not 24 be held liable for any civil damages for personal injury, 25 wrongful death, or property damage affected or caused by the 26 malfunction or failure of illumination of such streetlight, 27 regardless of whether the malfunction or failure of 28 illumination is alleged or demonstrated to have contributed in 29 any manner to the personal injury, wrongful death, or property 30 damage, unless the provider failed to comply with the 31 provisions of subsection (3). 2 3:33 PM 04/29/05 s1790c-09-j01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 (3) In order for any streetlight provider to have the 2 benefit of the limitation on liability as set forth in 3 subsection (2), the streetlight provider must have complied 4 with the following: 5 (a) The streetlight provider must disclose its 6 designated procedures for providing actual notice of an 7 inoperative or malfunctioning streetlight to its customers 8 through annual inserts in its customers' bills. The 9 streetlight provider must disclose its designated procedures 10 for providing actual notice of an inoperative or 11 malfunctioning streetlight to the general public, and to its 12 customers if bill inserts are not used, in an annual notice 13 paid for by the streetlight provider and published in the 14 relevant newspapers of general circulation. 15 (b) A streetlight provider must repair any inoperative 16 or malfunctioning streetlight within 60 days after receiving 17 actual notice that the streetlight is inoperative or 18 malfunctioning. 19 (c) If a streetlight provider repairs the inoperative 20 or malfunctioning streetlight and the streetlight subsequently 21 again becomes inoperative or malfunctioning, the streetlight 22 provider shall repair such inoperative or malfunctioning 23 streetlight within 60 days after receiving actual notice that 24 the streetlight is again inoperative or malfunctioning 25 subsequent to the prior repair. 26 (d) After a streetlight provider receives actual 27 notice, investigates the report, and determines that the 28 streetlight is functioning properly, such information shall be 29 noted in the streetlight provider's business records. Upon 30 receipt of any subsequent actual notice that the streetlight 31 is again inoperative or malfunctioning, the streetlight 3 3:33 PM 04/29/05 s1790c-09-j01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 provider shall repair the streetlight within 60 days after 2 receiving such subsequent actual notice. 3 (e) If, upon investigation by the streetlight provider 4 after receiving actual notice of any event described in 5 paragraph (b), paragraph (c), or paragraph (d), the 6 streetlight provider determines that the nature of the repair 7 or replacement cannot be achieved within the 60-day period, 8 the streetlight provider shall make a determination as to the 9 time in which it can complete the corrective action and denote 10 such time in its business records. Except as provided in 11 paragraph (f), a streetlight provider under this paragraph may 12 not take more than 180 days to complete the corrective action 13 after receiving actual notice unless such longer delay is 14 related to actions or decisions made or required by the 15 customer with the responsibility for paying the utility bill 16 for such streetlight or related to a tornado, a severe weather 17 event, or other unforeseen event resulting in severe damage 18 that does not give rise to a declared state of emergency, in 19 which case the streetlight provider shall be subject to the 20 time periods set forth in paragraph (f). 21 (f) For a streetlight provider operating in a county 22 affected by a state of emergency declared by federal, state, 23 or local authorities, the time periods in paragraph (b), 24 paragraph (c), paragraph (d), or paragraph (e) shall be 25 extended to 365 days after the cessation of the emergency or 26 such longer period of time that may be dictated by the 27 circumstances or 60 days after receiving actual notice that 28 the streetlight is inoperative or malfunctioning, whichever is 29 later. 30 (4) Where the streetlight provider is a public utility 31 or an electric utility, the streetlight provider is not liable 4 3:33 PM 04/29/05 s1790c-09-j01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 for any civil damages for personal injury, wrongful death, or 2 property damage affected or caused by the failure of 3 illumination of such streetlights, regardless of whether the 4 failure of illumination is alleged or demonstrated to have 5 contributed in any manner to the personal injury, wrongful 6 death, or property damage, if the streetlight provider 7 disconnected electric or gas service to the streetlight upon 8 the streetlight customer's request or as a result of the 9 streetlight customer's failure to pay electric or gas bills 10 when due or other breach of the applicable streetlight 11 agreement or upon termination of the applicable streetlight 12 agreement. In no event shall a public utility or electric 13 utility be liable or held liable for civil damages for 14 personal injury, wrongful death, or property damage under any 15 circumstance affected or caused by the design, layout, 16 quantity, or placement of streetlights or level of 17 illumination resulting from the proper operation of a 18 streetlight or series of streetlights. 19 (5) In any civil action for damages arising out of 20 personal injury, wrongful death, or property damage when a 21 streetlight provider's fault regarding the provision or 22 maintenance of streetlights is at issue, if the streetlight 23 provider responsible for providing or maintaining the 24 streetlights is immune from liability pursuant to this section 25 or is not a party to the litigation, such streetlight provider 26 may not be named on the jury verdict form or be deemed or 27 found in such action to be in any way at fault or responsible 28 for the injury or death or damage that gave rise to the 29 damages. 30 (6) In no event shall a streetlight provider's 31 noncompliance with the provisions of subsection (3) create a 5 3:33 PM 04/29/05 s1790c-09-j01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 presumption of negligence on the part of the streetlight 2 provider in any civil action for damages arising out of 3 personal injury, wrongful death, or property damage. 4 (7) In the event that there is any conflict between 5 this section and s. 768.81, or any other section of Florida 6 Statutes, this section shall control. Further, nothing in this 7 section shall impact or waive any provision of s. 768.28. 8 Section 2. This act shall take effect upon becoming a 9 law and shall apply to causes of action that accrue on or 10 after the effective date. 11 12 13 ================ T I T L E A M E N D M E N T =============== 14 And the title is amended as follows: 15 Delete everything before the enacting clause 16 17 and insert: 18 A bill to be entitled 19 An act relating to liability of providers of 20 streetlights; creating s. 768.1382, F.S.; 21 providing definitions; including certain 22 security or area lights within the definition 23 of the term "streetlight"; limiting liability 24 of a streetlight provider for injury or death 25 or property damage affected or caused by a 26 malfunctioning streetlight; providing 27 procedures for notice and repair of 28 malfunctioning streetlights as a condition for 29 limited liability; providing that noncompliance 30 with such procedures does not create a 31 presumption of negligence; limiting liability 6 3:33 PM 04/29/05 s1790c-09-j01
Florida Senate - 2005 SENATOR AMENDMENT Bill No. SB 1790 Barcode 735360 1 of a public utility or electric utility that 2 discontinues service to a streetlight under 3 certain circumstances; limiting liability of a 4 public utility or electric utility for the 5 design, layout, quantity, or placement of 6 streetlights or level of illumination resulting 7 from the proper operation of a streetlight or 8 series of streetlights; prohibiting certain 9 findings of fault of an entity not a party to 10 litigation; providing for conflict, effect, and 11 application; providing an effective date. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 7 3:33 PM 04/29/05 s1790c-09-j01