Senate Bill sb2566c1

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    Florida Senate - 2005                           CS for SB 2566

    By the Committee on Judiciary; and Senators Webster, King,
    Clary and Lynn




    590-2205-05

  1                      A bill to be entitled

  2         An act relating to negligence; creating s.

  3         768.0755, F.S.; providing that if a person

  4         slips and falls on a transitory foreign

  5         substance in a retail establishment, the

  6         injured person must prove that the retail

  7         establishment had knowledge of the condition in

  8         that the condition existed for a sufficient

  9         time for the retail establishment to have taken

10         action to remedy the condition; providing that

11         constructive knowledge may be proven by

12         circumstantial evidence; creating s. 812.18,

13         F.S.; providing legislative intent relating to

14         business parking lot security; providing an

15         evidentiary presumption relating to determining

16         whether there was adequate security to protect

17         against a reasonably foreseeable and

18         preventable criminal act that occurs in a

19         commercial parking lot; providing for

20         admissibility of evidence relating to

21         compliance with this section; providing an

22         exception to applicability of the section;

23         repealing s. 768.0710, F.S., relating to the

24         duty to maintain premises in a reasonably safe

25         condition for the safety of business invitees;

26         providing an effective date.

27  

28  Be It Enacted by the Legislature of the State of Florida:

29  

30         Section 1.  Section 768.0755, Florida Statutes, is

31  created to read:

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    Florida Senate - 2005                           CS for SB 2566
    590-2205-05




 1         768.0755  Premises liability for transitory foreign

 2  substances in a retail establishment.--If a person slips and

 3  falls on a transitory foreign substance in a retail

 4  establishment, the injured person must prove that the retail

 5  establishment had actual or constructive knowledge of the

 6  dangerous condition in that the condition existed for a

 7  sufficient length of time so that, in the exercise of ordinary

 8  care, the retail establishment should have known of the

 9  dangerous condition and taken action to remedy it.

10  Constructive knowledge may be proven by circumstantial

11  evidence showing that:

12         (1)  The dangerous condition existed for such a length

13  of time that in the exercise of ordinary care, the retail

14  establishment should have known of the condition; or

15         (2)  The condition occurred with regularity and was

16  therefore foreseeable.

17         Section 2.  Section 812.18, Florida Statutes, is

18  created to read:

19         812.18 Business parking lot security.--

20         (1)  The Legislature recognizes that a person or

21  organization who owns or controls an interest in commercial

22  real property upon which the sales of goods or services takes

23  place and who owns or controls a parking lot of 150 or more

24  parking spaces associated with such commercial property should

25  provide adequate security for invitees, guests, and other

26  members of the public who are legally on the premises to

27  protect against reasonably foreseeable and preventable

28  criminal acts that may occur in such parking lot, adjacent

29  public walkways, common areas, and commercial business

30  entrances and exits on the premises.

31  

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    Florida Senate - 2005                           CS for SB 2566
    590-2205-05




 1         (2)  In determining whether adequate security to

 2  protect against a reasonably foreseeable and preventable

 3  criminal act was provided at the time that the criminal act

 4  occurred, a presumption exists that a person or organization

 5  who owns or controls an interest in commercial real property

 6  upon which the sales of goods or services takes place and who

 7  owns or controls a parking lot of 150 or more parking spaces

 8  associated with such commercial property has fulfilled any

 9  duty to provide adequate security in such parking lot to any

10  person legally on the property in such parking lot against

11  criminal acts committed by third parties if the court finds

12  that the owner met the following conditions in a non-negligent

13  manner at the time the criminal act occurred, and any party

14  may present evidence on motion for summary judgment or at

15  trial that some or all of the following security measures had

16  or had not been taken and maintained in a reasonable,

17  non-negligent manner:

18         (a)  Signs were prominently posted in the parking lot

19  and other exterior public places on the premises indicating

20  the hours of normal business operations and advising that the

21  premises are monitored by video cameras. Signs may also

22  provide a safety message substantially similar to the

23  following: TO HELP PROTECT YOUR SAFETY AND PERSONAL PROPERTY,

24  PLEASE LOCK YOUR VEHICLE, BE ALERT, AND DO NOT LEAVE VALUABLES

25  IN YOUR VEHICLE.

26         (b)  Substantially all of the parking lot, adjacent

27  public walkways, common areas, and commercial business

28  entrances and exits on the premises, including the location

29  where the criminal act occurred, were illuminated at an

30  intensity of at least 2 foot-candles per square foot at 36

31  inches above the surface of the ground, pavement, or walkway,

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    Florida Senate - 2005                           CS for SB 2566
    590-2205-05




 1  as attested to by a certified electrical engineer or a

 2  licensed electrical contractor, unless another level of

 3  illumination is required by local, state, or federal law.

 4         (c)  The person or organization who owns or controls

 5  the property adopted and maintained reasonable policies and

 6  training programs for employees concerning crime awareness and

 7  prevention and safety and security of invitees, guests, and

 8  other members of the public.

 9         (d)  Security cameras were installed and were operating

10  during business hours and covered substantially all the

11  parking lot and adjacent public walkways, common areas, and

12  commercial building entrances and exits on the premises, and

13  the recording for the cameras were maintained for at least 30

14  days.

15         (e)  One or more private security guards licensed

16  pursuant to chapter 493 or police officers were on duty,

17  either monitoring surveillance cameras or patrolling the

18  premises, with such frequency that each area of the parking

19  lot, public walkways, common areas, and commercial building

20  entrances and exits could be observed by the guard or guards

21  at not less than 30-minute intervals. The number of security

22  guards or police officers utilized should be based on a

23  reasonable assessment pursuant to paragraph (g). This

24  assessment should be based, at a minimum, on the number of

25  prior crimes occurring on and around the parking lot, adjacent

26  public walkways, common areas, and commercial building

27  entrances and exits on the premises, the time of day and

28  season of commission of such crimes relative to the hours of

29  business operations, the size of the parking lot, and the

30  ability of the security guards or police officers to monitor

31  and patrol the premises in a timely manner as described above.

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    Florida Senate - 2005                           CS for SB 2566
    590-2205-05




 1         (f)  When not prohibited by law, fencing had been

 2  installed and maintained adjacent to property which limited

 3  pedestrian access and entry onto the premises via public

 4  accessways and walkways and denied access onto the premises

 5  from areas not intended for access onto the premises.

 6         (g)  A person or organization owning or controlling an

 7  interest in commercial real property made an assessment of the

 8  appropriate security measures for the parking lot, public

 9  walkways, common areas, and commercial building entrances and

10  exits based upon criminal-incident reports from the local law

11  enforcement agency. This assessment shall include an onsite

12  examination and analysis of the business and surrounding

13  properties by the person or organization to ascertain what

14  crimes have occurred in the past, crimes likely to occur in

15  the future, and the present status of security measures. The

16  results and conclusions must be in writing and must be

17  available through discovery.

18         (3)  The provisions of this section and evidence

19  relating to compliance or noncompliance with this section

20  shall be admissible in evidence in any civil or criminal

21  proceeding, if such evidence is otherwise admissible pursuant

22  to the Florida Evidence Code.

23         (4)  This section does not apply if the criminal act

24  was committed by the person owning or controlling the interest

25  in the commercial real property or an employee or agent of

26  such person.

27         Section 3.  Section 768.0710, Florida Statutes, is

28  repealed.

29         Section 4.  This act shall take effect July 1, 2005.

30  

31  

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    Florida Senate - 2005                           CS for SB 2566
    590-2205-05




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2566

 3                                 

 4  The committee substitute differs from the underlying bill in
    that the committee substitute:
 5  
    --   Deletes provisions that would have required the
 6       apportionment of fault to an intentional tortfeasor when
         a person is liable for damages as the result of negligent
 7       security; and

 8  --   Creates a presumption that a business has provided
         adequate security against criminal acts committed by
 9       third parties in a parking lot when certain security
         measures are implemented in a reasonable non-negligent
10       manner.

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