CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
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 5                                           ORIGINAL STAMP BELOW

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11  Representative(s) Heyman offered the following:

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13         Amendment 

14         On page 22, lines 5-17,

15  remove from the bill:  all of said lines

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17  and insert in lieu thereof:

18         Section 18.  Section 768.0705, Florida Statutes, is

19  created to read:

20         768.0705  Limitation on premises liability.--

21         (1)  A person or organization owning or controlling an

22  interest in a business premises is not liable for civil

23  damages sustained by invitees, guests, or other members of the

24  public which are caused by criminal acts that occur on the

25  premises and which are committed by third parties who are not

26  employees or agents of such person or organization, if the

27  person or organization owning or controlling the interest in a

28  business premises maintains a reasonably safe premises in

29  light of the foreseeability of the occurrence of the

30  particular criminal act.

31         (2)  If at least six provisions contained in the

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 2 (for drafter's use only)





 1  following nine paragraphs of this subsection are substantially

 2  met, there shall be a presumption that a person or

 3  organization owning or controlling an interest in a business

 4  premises, other than a convenience store, has fulfilled any

 5  duty to provide adequate security for invitees, guests, and

 6  other members of the public against criminal acts that occur

 7  in common areas, in parking areas, or on portions of the

 8  premises not occupied by buildings or structures and that are

 9  committed by third parties who are not employees or agents of

10  the person or organization owning or controlling the interest

11  in a business premises.

12         (a)  Signs shall be prominently posted in the parking

13  area and other public-access points on the premises indicating

14  the hours of normal business operations and the general

15  security measures provided.

16         (b)  The parking area, public walkways, and public

17  building entrances and exits shall be illuminated at an

18  intensity of at least 2 foot-candles per square foot at 18

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

20  or, if zoning requirements do not permit such levels of

21  illumination, to the highest intensity permitted.

22         (c)  Crime prevention training, with a curriculum

23  approved by the local law enforcement agency or the Department

24  of Legal Affairs, shall be provided to all nonmanagement

25  on-site employees. To meet the requirements of this paragraph,

26  persons employed at the business premises before October 1,

27  1998, must receive training by October 1, 1999, and persons

28  employed at the business premises on or after October 1, 1998,

29  must receive training within 120 days after hiring. No person

30  shall be liable for ordinary negligence due to implementing

31  the approved curriculum so long as the training was actually

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 2 (for drafter's use only)





 1  provided. Under no circumstances shall the state or the local

 2  law enforcement agency be held liable for the contents of the

 3  approved curriculum.

 4         (d)  Security cameras shall be installed and

 5  maintained, and shall be monitored or recorded, covering

 6  public entrances and exits to buildings and at least half the

 7  parking lot. Cameras shall operate during business hours and

 8  for at least 30 minutes after closing.

 9         (e)  An emergency call box, or an alarm system linked

10  to a law enforcement agency, a private security agency, or a

11  security guard or other agent on the premises, shall be

12  maintained and available within 150 feet of any location in

13  the parking lot or other public place on the premises.

14         (f)  A licensed security guard or law enforcement

15  officer is on duty at the time of the criminal occurrence and

16  is either monitoring surveillance cameras or patrolling the

17  premises with such frequency that the parking area and common

18  areas are observed by the guard at not more than 15-minute

19  intervals.

20         (g)  Perimeter fencing shall be installed and

21  maintained which surrounds parking areas and structures and

22  directs pedestrian entry onto the premises.

23         (h)  Landscaping shall be maintained which does not

24  substantially obstruct the view of security personnel or

25  cameras, and landscaping adjacent to areas frequented by the

26  public shall be maintained in a manner that provides no hiding

27  place sufficient to conceal an adult person.

28         (i)  A public address system shall be installed and

29  maintained which is capable of reaching portions of the

30  premises regularly frequented by the public.

31         (3)  The owner or operator of a convenience business

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                                                   HOUSE AMENDMENT

    551-137AX-06                                   Bill No. HB 775

    Amendment No. 2 (for drafter's use only)





 1  that substantially implements the applicable security measures

 2  listed in ss. 812.173 and 812.174 shall gain a presumption

 3  against liability in connection with criminal acts that occur

 4  on the premises and that are committed by third parties who

 5  are not employees or agents of the owner or operator of the

 6  convenience business.

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    File original & 9 copies    03/05/99
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