Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 2566
                        Barcode 945018
                            CHAMBER ACTION
              Senate                               House
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       04/21/2005 09:38 AM         .                    
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11  The Committee on Judiciary (Webster) recommended the following
12  amendment:
13  
14         Senate Amendment (with title amendment) 
15         On page 2, line 24, through page 5, line 30, delete
16  those lines
17  
18  and insert:  
19         Section 2. Section 812.18, Florida Statutes, is created
20  to read:
21         812.18 Business parking lot security.--
22         (1)  The Legislature recognizes that a person or
23  organization owning or controlling an interest in commercial
24  real property upon which the sale of goods or services takes
25  place and who owns or controls a parking lot of 150 or more
26  parking spaces associated with such commercial property should
27  provide adequate security for invitees, guests, and other
28  members of the public legally on the premises to protect
29  against reasonably foreseeable and preventable criminal acts
30  that may occur in such parking lot, adjacent public walkways,
31  common areas, and commercial business entrances and exits on
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    9:04 PM   04/19/05                              s2566.ju09.p05

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2566 Barcode 945018 1 the premises. 2 (2) In determining whether adequate security to 3 protect against a reasonably foreseeable and preventable 4 criminal act was provided at the time that the criminal act 5 occurred, a presumption exists that a person or organization 6 owning or controlling an interest in commercial real property 7 upon which the sale of goods or services takes place and who 8 owns or controls a parking lot of 150 or more parking spaces 9 associated with such commercial property has fulfilled any 10 duty to provide adequate security in such parking lot to any 11 person legally on the property in such parking lot against 12 criminal acts committed by third parties if the court finds 13 that the owner met the following conditions in a non-negligent 14 manner at the time the criminal act occurred, and any party 15 may present evidence on motion for summary judgment or at 16 trial that some or all of the following security measures had 17 or had not been taken and maintained in a reasonable, 18 non-negligent manner: 19 (a) Signs were prominently posted in the parking lot 20 and other exterior public places on the premises indicating 21 the hours of normal business operations and advising that the 22 premises is monitored by video cameras. Signs may also provide 23 a safety message substantially similar to the following: TO 24 HELP PROTECT YOUR SAFETY AND PERSONAL PROPERTY, PLEASE LOCK 25 YOUR VEHICLE, BE ALERT, AND DO NOT LEAVE VALUABLES IN YOUR 26 VEHICLE. 27 (b) Substantially all of the parking lot, adjacent 28 public walkways, common areas, and commercial business 29 entrances and exits on the premises, including the location 30 where the criminal act occurred, were illuminated at an 31 intensity of at least 2 foot-candles per square foot at 36 2 9:04 PM 04/19/05 s2566.ju09.p05
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2566 Barcode 945018 1 inches above the surface of the ground, pavement, or walkway, 2 as attested to by a certified electrical engineer or a 3 licensed electrical contractor, unless another level of 4 illumination is required by local, state, or federal law. 5 (c) The person or organization owning or controlling 6 the property adopted and maintained reasonable policies and 7 training programs for employees concerning crime awareness and 8 prevention and safety and security of invitees, guests, and 9 other members of the public. 10 (d) Security cameras were installed and were operating 11 during business hours covering substantially all the parking 12 lot and adjacent public walkways, common areas, and commercial 13 building entrances and exits on the premises, and the 14 recordings for the cameras were maintained for at least 30 15 days. 16 (e) One or more private security guards licensed 17 pursuant to chapter 493 or police officers were on duty, 18 either monitoring surveillance cameras or patrolling the 19 premises, with such frequency that each area of the parking 20 lot, public walkways, common areas, and commercial building 21 entrances and exits could be observed by the guard or guards 22 at not less than 30 minute intervals. The number of security 23 guards or police officers utilized should be based on a 24 reasonable assessment pursuant to paragraph (g). This 25 assessment should be based, at a minimum, on the number of 26 prior crimes occurring on and around the parking lot, adjacent 27 public walkways, common areas, and commercial building 28 entrances and exits on the premises, the time of day and 29 season of commission of such crimes relative to the hours of 30 business operations, the size of the parking lot, and the 31 ability of the security guards or police officers to monitor 3 9:04 PM 04/19/05 s2566.ju09.p05
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2566 Barcode 945018 1 and patrol the premises in a timely manner as described in 2 this paragraph. 3 (f) When not prohibited by law, fencing had been 4 installed and maintained adjacent to property which limited 5 pedestrian access and entry onto the premises via public 6 accessways and walkways and denied access onto the premises 7 from areas not intended for access onto the premises. 8 (g) A person or organization owning or controlling an 9 interest in commercial real property made an assessment of the 10 appropriate security measures for the parking lot, public 11 walkways, common areas, and commercial building entrances and 12 exits based upon criminal incident reports from the local law 13 enforcement agency. This assessment shall include an on-site 14 examination and analysis of the business and surrounding 15 properties by the person or organization to ascertain what 16 crimes have occurred in the past, crimes likely to occur in 17 the future, and the present status of security measures. The 18 results and conclusions must be in writing and must be 19 available through discovery. 20 (3) The provisions of this section and evidence 21 relating to compliance or noncompliance with this section 22 shall be admissible in evidence in any civil or criminal 23 proceeding, if such evidence is otherwise admissible pursuant 24 to the Florida Evidence Code. 25 (4) This section shall not apply if the criminal act 26 was committed by the person owning or controlling the interest 27 in the commercial real property or an employee or agent of 28 such person. 29 30 31 4 9:04 PM 04/19/05 s2566.ju09.p05
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 2566 Barcode 945018 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, lines 12-24, delete those lines 4 5 and insert: circumstantial evidence; creating s. 812.18, 6 F.S.; recognizing an expectation regarding the provision of 7 adequate security from certain criminal acts on specified 8 commercial real property; providing security conditions that 9 are presumed sufficient; authorizing certain evidence to be 10 admissible in civil or criminal proceedings; providing 11 applicability; repealing s. 768.0710, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5 9:04 PM 04/19/05 s2566.ju09.p05