Florida Senate - 2015                                     SB 684
       
       
        
       By Senator Grimsley
       
       
       
       
       
       21-01093-15                                            2015684__
    1                        A bill to be entitled                      
    2         An act relating to convenience businesses; amending s.
    3         812.171, F.S.; revising the term “convenience
    4         business”; amending s. 812.173, F.S.; conforming a
    5         provision to a change made by the act; amending s.
    6         812.174, F.S.; deleting an obsolete provision;
    7         removing the requirement that a curriculum be
    8         submitted for reapproval biennially with a specified
    9         administrative fee; removing a requirement that
   10         specified curriculum be subject to reapproval 2 years
   11         from initial approval and biennially thereafter;
   12         making technical changes; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 812.171, Florida Statutes, is amended to
   17  read:
   18         812.171 Definition.—As used in this act, the term
   19  “convenience business” means any place of business that is
   20  primarily engaged in the retail sale of groceries, or both
   21  groceries and gasoline, and that is open for business at any
   22  time between the hours of 11 p.m. and 5 a.m. The term
   23  “convenience business” does not include:
   24         (1) A business that is solely or primarily a restaurant.
   25         (2) A business that always has at least five employees on
   26  the premises after 11 p.m. and before 5 a.m.
   27         (3) A business that has at least 10,000 square feet of
   28  retail floor space.
   29  
   30  The term “convenience business” does not include any business in
   31  which the owner or members of his or her family work between the
   32  hours of 11 p.m. and 5 a.m.
   33         Section 2. Subsection (5) of section 812.173, Florida
   34  Statutes, is amended to read:
   35         812.173 Convenience business security.—
   36         (5) For purposes of this section, subsection (4) does not
   37  apply to a convenience business in which the owner or the
   38  members of the owner’s family work between the hours of 11 p.m.
   39  and 5 a.m. A Any convenience business that was required by law
   40  to implement implemented any of the security measures specified
   41  set forth in paragraphs (4)(a)-(e) and has maintained those said
   42  measures as required by the Department of Legal Affairs without
   43  any occurrence or incidence of the crimes specified in
   44  identified by subsection (4) for a period of at least no less
   45  than 24 months immediately preceding the filing of a notice of
   46  exemption, may file with the department a notice of exemption
   47  from these enhanced security measures. In no event shall This
   48  exemption may not be interpreted as precluding to preclude full
   49  compliance with the security measures specified set forth in
   50  subsection (4) should any occurrence or incidence of the crimes
   51  specified in that subsection identified by subsection (4) cause
   52  that subsection (4) to be statutorily applicable. As of the date
   53  this act becomes law, the Department of Legal Affairs will
   54  provide notice to any convenience business to which a subsection
   55  (4) incident has previously occurred. In no event shall The
   56  state or the Department of Legal Affairs does not incur any
   57  liability for the regulation and enforcement of this act.
   58         Section 3. Section 812.174, Florida Statutes, is amended to
   59  read:
   60         812.174 Training of employees.—
   61         (1) The owner or principal operator of a convenience
   62  business or convenience businesses shall provide proper robbery
   63  deterrence and safety training by an approved curriculum to its
   64  retail employees within 60 days after of employment. Existing
   65  retail employees shall receive training within 6 months of April
   66  8, 1992.
   67         (2) A proposed curriculum shall be submitted in writing to
   68  the Attorney General, who with an administrative fee not to
   69  exceed $100. The Attorney General shall review and approve or
   70  disapprove the curriculum in writing within 60 days after
   71  receipt. The state does not incur liability shall have no
   72  liability for approving or disapproving a training curriculum
   73  under this section. Approval shall be given to a curriculum that
   74  which trains and familiarizes retail employees with the security
   75  principles, devices, and measures required by s. 812.173.
   76  Disapproval of a curriculum is shall be subject to the
   77  provisions of chapter 120.
   78         (3) A No person is not shall be liable for ordinary
   79  negligence if he or she implements due to implementing an
   80  approved curriculum and if the training is was actually
   81  provided. A curriculum shall be submitted for reapproval
   82  biennially with an administrative fee not to exceed $100. Any
   83  curriculum approved by the Attorney General since September 1990
   84  shall be subject to reapproval 2 years from the anniversary of
   85  initial approval and biennially thereafter.
   86         Section 4. This act shall take effect July 1, 2015.