Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 882298
CHAMBER ACTION
Senate House
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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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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 882298
1 establishment should have known of the condition; or
2 (2) The condition occurred with regularity and was
3 therefore foreseeable.
4 Section 2. Paragraph (b) of subsection (4) of section
5 768.81, Florida Statutes, is amended to read:
6 (4) APPLICABILITY.--
7 (b) This section does not apply to any action brought
8 by any person to recover actual economic damages resulting
9 from pollution, to any action based upon an intentional tort
10 that occurs in an indoor area of a business, or to any cause
11 of action as to which application of the doctrine of joint and
12 several liability is specifically provided by chapter 403,
13 chapter 498, chapter 517, chapter 542, or chapter 895.
14 Section 3. Section 768.0710, Florida Statutes, is
15 repealed.
16 Section 4. For the purpose of incorporating the
17 amendment made by this act to section 768.81, Florida
18 Statutes, in references thereto, section 25.077, Florida
19 Statutes, is reenacted to read:
20 25.077 Negligence case settlements and jury verdicts;
21 case reporting.--Through the state's uniform case reporting
22 system, the clerk of court shall report to the Office of the
23 State Courts Administrator, beginning in 2003, information
24 from each settlement or jury verdict and final judgment in
25 negligence cases as defined in s. 768.81(4), as the President
26 of the Senate and the Speaker of the House of Representatives
27 deem necessary from time to time. The information shall
28 include, but need not be limited to: the name of each
29 plaintiff and defendant; the verdict; the percentage of fault
30 of each; the amount of economic damages and noneconomic
31 damages awarded to each plaintiff, identifying those damages
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Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 882298
1 that are to be paid jointly and severally and by which
2 defendants; and the amount of any punitive damages to be paid
3 by each defendant.
4 Section 5. This act shall take effect July 1, 2005.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 Delete everything before the enacting clause
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11 and insert:
12 An act relating to negligence; creating s.
13 768.0755, F.S.; providing that if a person
14 slips and falls on a transitory foreign
15 substance in a retail establishment, the
16 injured person must prove that the retail
17 establishment had knowledge of the condition in
18 that the condition existed for a sufficient
19 time for the retail establishment to have taken
20 action to remedy the condition; providing that
21 constructive knowledge may be proven by
22 circumstantial evidence; amending s. 768.81,
23 F.S.; providing for the apportionment of
24 damages to an intentional tortfeasor for
25 intentional torts that occur in the outdoor
26 areas of a business; repealing s. 768.0710,
27 F.S., relating to the duty to maintain premises
28 in a reasonably safe condition for the safety
29 of business invitees; reenacting s. 25.077,
30 F.S., relating to the duty of the clerk of
31 court to report certain information concerning
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4:28 PM 05/05/05 h1931.09ju.p03
Florida Senate - 2005 SENATOR AMENDMENT
Bill No. HB 1931, 1st Eng.
Barcode 882298
1 negligence cases, to incorporate the amendment
2 made to s. 768.81, F.S., in a reference
3 thereto; providing an effective date.
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