Senate Bill sb2318

    Florida Senate - 2006                                  SB 2318

    By Senator Baker





    20-1209A-06

  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 business establishment, the

  6         injured person must prove that the business

  7         establishment had knowledge of the condition in

  8         that the condition existed for a sufficient

  9         time for the business establishment to have

10         taken action to remedy the condition; providing

11         that constructive knowledge may be proven by

12         circumstantial evidence; repealing s. 768.0710,

13         F.S., relating to the duty to maintain premises

14         in a reasonably safe condition for the safety

15         of business invitees; providing an effective

16         date.

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

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20         Section 1.  Section 768.0755, Florida Statutes, is

21  created to read:

22         768.0755  Premises liability for transitory foreign

23  substances in a business establishment.--If a person slips and

24  falls on a transitory foreign substance in a business

25  establishment, the injured person must prove that the business

26  establishment had actual or constructive knowledge of the

27  dangerous condition in that the condition existed for a

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

29  care, the business establishment should have known of the

30  dangerous condition and taken action to remedy it.

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    Florida Senate - 2006                                  SB 2318
    20-1209A-06




 1  Constructive knowledge may be proven by circumstantial

 2  evidence showing that:

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

 4  of time that, in the exercise of ordinary care, the business

 5  establishment should have known of the condition; or

 6         (2)  The condition occurred with regularity and was

 7  therefore foreseeable.

 8         Section 2.  Section 768.0710, Florida Statutes, is

 9  repealed.

10         Section 3.  This act shall take effect July 1, 2006.

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13                          SENATE SUMMARY

14    Provides that if a person slips and falls on a transitory
      foreign substance in a business establishment, the
15    injured person must prove that the business establishment
      had knowledge of the condition in that the condition
16    existed for a sufficient time for the business
      establishment to have taken action to remedy the
17    condition. Provides that constructive knowledge may be
      proven by circumstantial evidence. Deletes provisions
18    relating to the duty to maintain premises in a reasonably
      safe condition for the safety of business invitees.
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CODING: Words stricken are deletions; words underlined are additions.