1 | Representative(s) Simmons and Brown offered the following: |
2 |
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3 | Amendment to Senate Amendment (702196) (with title |
4 | amendment) |
5 | On page 1, line(s) 17, through page 2, line 6, |
6 | remove: all of said lines |
7 |
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8 | and insert: |
9 | Section 1. Section 768.0755, Florida Statutes, is created |
10 | to read: |
11 | 768.0755 Premises liability for transitory foreign |
12 | substances on business premises.--If a person slips and falls on |
13 | a transitory foreign substance on business premises, the injured |
14 | person must prove that the business had actual or constructive |
15 | knowledge of the dangerous condition in that the condition |
16 | existed for a sufficient length of time so that, in the exercise |
17 | of ordinary care, the business should have known of the |
18 | dangerous condition and taken action to remedy it. Constructive |
19 | knowledge may be proven by circumstantial evidence showing that: |
20 | (1) The dangerous condition existed for such a length of |
21 | time that in the exercise of ordinary care, the business should |
22 | have known of the condition; or |
23 | (2) The condition occurred with regularity and was |
24 | therefore foreseeable. |
25 | Section 2. Paragraph (b) of subsection (4) of section |
26 | 768.81, Florida Statutes, is amended to read: |
27 | (4) APPLICABILITY.-- |
28 | (b) This section does not apply to any action brought by |
29 | any person to recover actual economic damages resulting from |
30 | pollution, to any action based upon an intentional tort that |
31 | occurs in an indoor area of a business, or to any cause of |
32 | action as to which application of the doctrine of joint and |
33 | several liability is specifically provided by chapter 403, |
34 | chapter 498, chapter 517, chapter 542, or chapter 895. |
35 | Section 3. Section 768.0710, Florida Statutes, is |
36 | repealed. |
37 | Section 4. For the purpose of incorporating the amendment |
38 | made by this act to section 768.81, Florida Statutes, in |
39 | references thereto, section 25.077, Florida Statutes, is |
40 | reenacted to read: |
41 | 25.077 Negligence case settlements and jury verdicts; case |
42 | reporting.--Through the state's uniform case reporting system, |
43 | the clerk of court shall report to the Office of the State |
44 | Courts Administrator, beginning in 2003, information from each |
45 | settlement or jury verdict and final judgment in negligence |
46 | cases as defined in s. 768.81(4), as the President of the Senate |
47 | and the Speaker of the House of Representatives deem necessary |
48 | from time to time. The information shall include, but need not |
49 | be limited to: the name of each plaintiff and defendant; the |
50 | verdict; the percentage of fault of each; the amount of economic |
51 | damages and noneconomic damages awarded to each plaintiff, |
52 | identifying those damages that are to be paid jointly and |
53 | severally and by which defendants; and the amount of any |
54 | punitive damages to be paid by each defendant. |
55 | Section 5. This act shall take effect July 1, 2005. |
56 |
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57 | ======= T I T L E A M E N D M E N T ========= |
58 | On page 1, line(s) 14-28, |
59 | remove: all of said lines |
60 |
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61 | and insert: |
62 | A bill to be entitled |
63 | An act relating to negligence; creating s. 768.0755, F.S.; |
64 | providing that if a person slips and falls on a transitory |
65 | foreign substance on business premises, the injured person |
66 | must prove that the business had knowledge of the |
67 | condition in that the condition existed for a sufficient |
68 | time for the business to have taken action to remedy the |
69 | condition; providing that constructive knowledge may be |
70 | proven by circumstantial evidence; amending s. 768.81, |
71 | F.S., relating to comparative fault; providing that the |
72 | section does not apply to an intentional tort that occurs |
73 | in an indoor area of a business; repealing s. 768.0710, |
74 | F.S., relating to the duty to maintain premises in a |
75 | reasonably safe condition for the safety of business |
76 | invitees; reenacting s. 25.077, F.S., relating to the duty |
77 | of the clerk of court to report certain information |
78 | concerning negligence cases, to incorporate the amendment |
79 | made to s. 768.81, F.S., in a reference thereto; providing |
80 | an effective date. |