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Senator Peaden moved the following amendment:

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     Senate Amendment (with title amendment)

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     Delete lines 119 through 215

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and insert:

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     (5) DUTY OF CARE OF PUBLIC AND PRIVATE EMPLOYERS; IMMUNITY

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FROM LIABILITY.--

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     (a) When subject to the provisions of subsection (4), a

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public or private employer has no duty of care related to the

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actions prohibited under such subsection.

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     (b) A public or private employer is not liable in a civil

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action based on actions or inactions taken in compliance with

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this section. The immunity provided in this subsection does not

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apply to civil actions based on actions or inactions of public or

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private employers that are unrelated to compliance with this

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section.

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     (c) Nothing contained in this section shall be interpreted

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to expand any existing duty, or create any additional duty, on

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the part of a public or private employer, property owner, or

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property owner's agent.

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     (6) ENFORCEMENT.--The Attorney General shall enforce the

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protections of this act on behalf of any customer, employee, or

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invitee aggrieved under this act. If there is reasonable cause to

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believe that the aggrieved person's rights under this act have

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been violated by a public or private employer, the Attorney

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General shall commence a civil or administrative action for

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damages, injunctive relief and civil penalties, and such other

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relief as may be appropriate under the provisions of s. 760.51,

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or may negotiate a settlement with any employer on behalf of any

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person aggrieved under the act. However, nothing in this act

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shall prohibit the right of a person aggrieved under this act to

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bring a civil action for violation of rights protected under the

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act. In any successful action brought by a customer, employee, or

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invitee aggrieved under this act, the court shall award all

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reasonable personal costs and losses suffered by the aggrieved

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person as a result of the violation of rights under this act. In

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any action brought pursuant to this act, the court shall award

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all court costs and attorney's fees to the prevailing party.

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     (7) EXCEPTIONS.--The prohibitions in subsection (4) do not

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apply to:

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     (a) Any school property as defined and regulated under s.

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790.115.

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     (b) Any correctional institution regulated under s. 944.47

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or chapter 957.

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     (c) Any property where a nuclear-powered electricity

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generation facility is located.

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     (d) Property owned or leased by a public or private

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employer or the landlord of a public or private employer upon

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which are conducted substantial activities involving national

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defense, aerospace, or homeland security.

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     (e) Property owned or leased by a public or private

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employer or the landlord of a public or private employer upon

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which the primary business conducted is the manufacture, use,

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storage, or transportation of combustible or explosive materials

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regulated under state or federal law, or property owned or leased

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by an employer who has obtained a permit required under 18 U.S.C.

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s. 842 to engage in the business of importing, manufacturing, or

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dealing in explosive materials on such property.

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     (f) A motor vehicle owned, leased, or rented by a public or

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private employer or the landlord of a public or private employer.

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     (g) Any other property owned or leased by a public or

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private employer or the landlord of a public or private employer

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upon which possession of a firearm or other legal product by a

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customer, employee, or invitee is prohibited pursuant to any

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federal law, contract with a federal government entity, or

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general law of this state.

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     Section 2.  This act shall take effect July 1, 2008, and

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shall apply to causes of action accruing on or after that date.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete lines 39 through 47

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and insert:

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providing that, when subject to the prohibitions imposed

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by the act, a public or private employer has no duty of

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care related to the actions prohibited thereunder;

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providing specified immunity from liability for public and

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private employers; providing nonapplicability of such

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immunity; providing construction; providing for

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enforcement of the act; providing for the award of

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reasonable personal costs and losses; providing for the

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award of court costs and attorney's fees; providing

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exceptions to the prohibitions under the act; providing

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applicability; providing an effective date.

4/1/2008  8:24:00 AM     2-06318-08