Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 763998
CHAMBER ACTION
Senate House
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05/05/2005 07:36 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
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16 and insert:
17 Section 1. Section 768.0755, Florida Statutes, is
18 created to read:
19 768.0755 Premises liability for transitory foreign
20 substances in a retail establishment.--If a person slips and
21 falls on a transitory foreign substance in a retail
22 establishment, the injured person must prove that the retail
23 establishment had actual or constructive knowledge of the
24 dangerous condition in that the condition existed for a
25 sufficient length of time so that, in the exercise of ordinary
26 care, the retail establishment should have known of the
27 dangerous condition and taken action to remedy it.
28 Constructive knowledge may be proven by circumstantial
29 evidence showing that:
30 (1) The dangerous condition existed for such a length
31 of time that in the exercise of ordinary care, the retail
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4:26 PM 05/05/05 h1931.09ju.p02
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 763998
1 establishment should have known of the condition; or
2 (2) The condition occurred with regularity and was
3 therefore foreseeable.
4 Section 2. Subsection (4) of section 768.81, Florida
5 Statutes, is amended to read:
6 768.81 Comparative fault.--
7 (4) APPLICABILITY.--
8 (a) This section applies to negligence cases. For
9 purposes of this section, the term "negligence cases"
10 includes, but is not limited to, civil actions for damages
11 based upon theories of negligence, including negligent
12 security resulting in the commission of an intentional tort or
13 criminal act; strict liability;, products liability;,
14 professional malpractice whether couched in terms of contract
15 or tort;, or breach of warranty and like theories. In
16 determining whether a case falls within the term "negligence
17 cases," the court shall look to the substance of the action
18 and not the conclusory terms used by the parties.
19 (b) This section does not apply to any action brought
20 by any person to recover actual economic damages resulting
21 from pollution, to any action in which an intentional
22 tortfeasor seeks to apportion fault to a negligent tortfeasor
23 based upon an intentional tort, or to any cause of action as
24 to which application of the doctrine of joint and several
25 liability is specifically provided by chapter 403, chapter
26 498, chapter 517, chapter 542, or chapter 895.
27 Section 3. Section 768.0710, Florida Statutes, is
28 repealed.
29 Section 4. For the purpose of incorporating the
30 amendment to section 768.81, Florida Statutes, in a reference
31 thereto, section 25.077, Florida Statutes, is reenacted to
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 763998
1 read:
2 25.077 Negligence case settlements and jury verdicts;
3 case reporting.--Through the state's uniform case reporting
4 system, the clerk of court shall report to the Office of the
5 State Courts Administrator, beginning in 2003, information
6 from each settlement or jury verdict and final judgment in
7 negligence cases as defined in s. 768.81(4), as the President
8 of the Senate and the Speaker of the House of Representatives
9 deem necessary from time to time. The information shall
10 include, but need not be limited to: the name of each
11 plaintiff and defendant; the verdict; the percentage of fault
12 of each; the amount of economic damages and noneconomic
13 damages awarded to each plaintiff, identifying those damages
14 that are to be paid jointly and severally and by which
15 defendants; and the amount of any punitive damages to be paid
16 by each defendant.
17 Section 5. This act shall take effect July 1, 2005.
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21 And the title is amended as follows:
22 Delete everything before the enacting clause
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24 and insert:
25 An act relating to negligence; creating s.
26 768.0755, F.S.; providing that if a person
27 slips and falls on a transitory foreign
28 substance in a retail establishment, the
29 injured person must prove that the retail
30 establishment had knowledge of the condition in
31 that the condition existed for a sufficient
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4:26 PM 05/05/05 h1931.09ju.p02
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 763998
1 time for the retail establishment to have taken
2 action to remedy the condition; providing that
3 constructive knowledge may be proven by
4 circumstantial evidence; amending s. 768.81,
5 F.S.; redefining the term "negligence cases" as
6 it relates to comparative fault to include
7 claims for negligent security in which the
8 defendant is sued for failing to prevent the
9 commission of an intentional tort; providing
10 that the apportionment of damages does not
11 apply to any action in which an intentional
12 tortfeasor is sued and seeks to apportion fault
13 to a negligent tortfeasor; repealing s.
14 768.0710, F.S., relating to the duty to
15 maintain premises in a reasonably safe
16 condition for the safety of business invitees;
17 reenacting s. 25.077, F.S., relating to the
18 duty of the clerk of court to report certain
19 information concerning negligence cases, to
20 incorporate the amendment made to s. 768.81,
21 F.S., in a reference thereto; providing an
22 effective date.
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