Florida Senate - 2016                                    SB 1302
       
       
        
       By Senator Legg
       
       17-01499-16                                           20161302__
    1                        A bill to be entitled                      
    2         An act relating to convenience businesses; amending s.
    3         812.171, F.S.; revising the definition of the term
    4         “convenience business”; amending s. 812.173, F.S.;
    5         revising the dollar amount that a convenience business
    6         must post on a conspicuous notice at the entrance;
    7         exempting convenience businesses from specified
    8         requirements under certain circumstances; amending s.
    9         812.174, F.S.; deleting an obsolete provision;
   10         deleting the administrative fee for a convenience
   11         business’ proposed training curriculum; deleting
   12         provisions requiring the periodic reapproval of a
   13         training curriculum and the accompanying
   14         administrative fee; reenacting s. 893.13(1)(e), F.S.,
   15         relating to prohibited acts and penalties, to
   16         incorporate the amendment made to s. 812.171, F.S., in
   17         a reference thereto; reenacting ss. 768.0705,
   18         812.1725, and 812.176, F.S., relating to limitation on
   19         premises liability, preemption, and rulemaking
   20         authority, respectively, to incorporate the amendments
   21         made to ss. 812.173 and 812.174, F.S., in references
   22         thereto; providing an effective date.
   23          
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Section 812.171, Florida Statutes, is amended to
   27  read:
   28         812.171 Definition.—As used in this act, the term
   29  “convenience business” means any place of business that is
   30  primarily engaged in the retail sale of groceries, or both
   31  groceries and gasoline, and that is open for business at any
   32  time between the hours of 11 p.m. and 5 a.m. The term
   33  “convenience business” does not include:
   34         (1) A business that is solely or primarily a restaurant.
   35         (2) A business that always has at least five employees on
   36  the premises after 11 p.m. and before 5 a.m.
   37         (3) A business that has at least 10,000 square feet of
   38  retail floor space.
   39  
   40  The term “convenience business” does not include any business in
   41  which the owner or members of his or her family work between the
   42  hours of 11 p.m. and 5 a.m.
   43         Section 2. Subsection (1) of section 812.173, Florida
   44  Statutes, is amended, present subsection (5) of that section is
   45  redesignated as subsection (6), and a new subsection (5) is
   46  added to that section, to read:
   47         812.173 Convenience business security.—
   48         (1) Every convenience business shall be equipped with the
   49  following security devices and standards:
   50         (a) A security camera system capable of recording and
   51  retrieving an image to assist in offender identification and
   52  apprehension.
   53         (b) A drop safe or cash management device for restricted
   54  access to cash receipts.
   55         (c) A lighted parking lot illuminated at an intensity of at
   56  least 2 foot-candles per square foot at 18 inches above the
   57  surface.
   58         (d) A conspicuous notice at the entrance which states that
   59  the cash register contains $100 $50 or less.
   60         (e) Window signage that allows a clear and unobstructed
   61  view from outside the building and in a normal line of sight of
   62  the cash register and sales transaction area.
   63         (f) Height markers at the entrance of the convenience
   64  business which display height measures.
   65         (g) A cash management policy to limit the cash on hand at
   66  all times after 11 p.m.
   67         (5) The security devices, standards, and measures required
   68  by subsections (1)-(4) do not apply to a convenience business in
   69  which the owner or members of the owner’s immediate family work
   70  on the premises of the convenience business between the hours of
   71  11 p.m. and 5 a.m.
   72         Section 3. Section 812.174, Florida Statutes, is amended to
   73  read:
   74         812.174 Training of employees.—
   75         (1) The owner or principal operator of a convenience
   76  business or convenience businesses shall provide proper robbery
   77  deterrence and safety training by an approved curriculum to its
   78  retail employees within 60 days after of employment. Existing
   79  retail employees shall receive training within 6 months of April
   80  8, 1992.
   81         (2) A proposed curriculum shall be submitted in writing to
   82  the Attorney General with an administrative fee not to exceed
   83  $100. The Attorney General shall review and approve or
   84  disapprove the curriculum in writing within 60 days after
   85  receipt. The state shall have no liability for approving or
   86  disapproving a training curriculum under this section. Approval
   87  shall be given to a curriculum that which trains and
   88  familiarizes retail employees with the security principles,
   89  devices, and measures required by s. 812.173. Disapproval of a
   90  curriculum shall be subject to the provisions of chapter 120.
   91         (3)A No person is not shall be liable for ordinary
   92  negligence due to implementing an approved curriculum if the
   93  training was actually provided. A curriculum shall be submitted
   94  for reapproval biennially with an administrative fee not to
   95  exceed $100. Any curriculum approved by the Attorney General
   96  since September 1990 shall be subject to reapproval 2 years from
   97  the anniversary of initial approval and biennially thereafter.
   98         Section 4. For the purpose of incorporating the amendment
   99  made by this act to section 812.171, Florida Statutes, in a
  100  reference thereto, paragraph (e) of subsection (1) of section
  101  893.13, Florida Statutes, is reenacted to read:
  102         893.13 Prohibited acts; penalties.—
  103         (1)
  104         (e) Except as authorized by this chapter, a person may not
  105  sell, manufacture, or deliver, or possess with intent to sell,
  106  manufacture, or deliver, a controlled substance not authorized
  107  by law in, on, or within 1,000 feet of a physical place for
  108  worship at which a church or religious organization regularly
  109  conducts religious services or within 1,000 feet of a
  110  convenience business as defined in s. 812.171. A person who
  111  violates this paragraph with respect to:
  112         1. A controlled substance named or described in s.
  113  893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
  114  commits a felony of the first degree, punishable as provided in
  115  s. 775.082, s. 775.083, or s. 775.084.
  116         2. A controlled substance named or described in s.
  117  893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
  118  (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
  119  the second degree, punishable as provided in s. 775.082, s.
  120  775.083, or s. 775.084.
  121         3. Any other controlled substance, except as lawfully sold,
  122  manufactured, or delivered, must be sentenced to pay a $500 fine
  123  and to serve 100 hours of public service in addition to any
  124  other penalty prescribed by law.
  125         Section 5. For the purpose of incorporating the amendments
  126  made by this act to sections 812.173 and 812.174, Florida
  127  Statutes, in references thereto, section 768.0705, Florida
  128  Statutes, is reenacted to read:
  129         768.0705 Limitation on premises liability.—The owner or
  130  operator of a convenience business that substantially implements
  131  the applicable security measures listed in ss. 812.173 and
  132  812.174 shall gain a presumption against liability in connection
  133  with criminal acts that occur on the premises and that are
  134  committed by third parties who are not employees or agents of
  135  the owner or operator of the convenience business.
  136         Section 6. For the purpose of incorporating the amendments
  137  made by this act to sections 812.173 and 812.174, Florida
  138  Statutes, in references thereto, section 812.1725, Florida
  139  Statutes, is reenacted to read:
  140         812.1725 Preemption.—A political subdivision of this state
  141  may not adopt, for convenience businesses, security standards
  142  which differ from those contained in ss. 812.173 and 812.174,
  143  and all such differing standards, whether existing or proposed,
  144  are hereby preempted and superseded by general law.
  145         Section 7. For the purpose of incorporating the amendments
  146  made by this act to sections 812.173 and 812.174, Florida
  147  Statutes, in references thereto, section 812.176, Florida
  148  Statutes, is reenacted to read:
  149         812.176 Rulemaking authority.—The Department of Legal
  150  Affairs shall have the power to adopt rules pursuant to chapter
  151  120 as necessary to implement the provisions of the Convenience
  152  Business Security Act. The security measures and training
  153  provisions of ss. 812.173 and 812.174 shall meet the
  154  requirements of the department as set forth by rule.
  155         Section 8. This act shall take effect May 1, 2016.