| 1 | Representative(s) Simmons and Brown offered the following: |
| 2 |
|
| 3 | Amendment to Senate Amendment (702196) (with title |
| 4 | amendment) |
| 5 | On page 1, line(s) 17, through page 2, line 6, |
| 6 | remove: all of said lines |
| 7 |
|
| 8 | and insert: |
| 9 | Section 1. Section 768.0755, Florida Statutes, is created |
| 10 | to read: |
| 11 | 768.0755 Premises liability for transitory foreign |
| 12 | substances on business premises.--If a person slips and falls on |
| 13 | a transitory foreign substance on business premises, the injured |
| 14 | person must prove that the business had actual or constructive |
| 15 | knowledge of the dangerous condition in that the condition |
| 16 | existed for a sufficient length of time so that, in the exercise |
| 17 | of ordinary care, the business should have known of the |
| 18 | dangerous condition and taken action to remedy it. Constructive |
| 19 | knowledge may be proven by circumstantial evidence showing that: |
| 20 | (1) The dangerous condition existed for such a length of |
| 21 | time that in the exercise of ordinary care, the business should |
| 22 | have known of the condition; or |
| 23 | (2) The condition occurred with regularity and was |
| 24 | therefore foreseeable. |
| 25 | Section 2. Paragraph (b) of subsection (4) of section |
| 26 | 768.81, Florida Statutes, is amended to read: |
| 27 | (4) APPLICABILITY.-- |
| 28 | (b) This section does not apply to any action brought by |
| 29 | any person to recover actual economic damages resulting from |
| 30 | pollution, to any action based upon an intentional tort that |
| 31 | occurs in an indoor area of a business, or to any cause of |
| 32 | action as to which application of the doctrine of joint and |
| 33 | several liability is specifically provided by chapter 403, |
| 34 | chapter 498, chapter 517, chapter 542, or chapter 895. |
| 35 | Section 3. Section 768.0710, Florida Statutes, is |
| 36 | repealed. |
| 37 | Section 4. For the purpose of incorporating the amendment |
| 38 | made by this act to section 768.81, Florida Statutes, in |
| 39 | references thereto, section 25.077, Florida Statutes, is |
| 40 | reenacted to read: |
| 41 | 25.077 Negligence case settlements and jury verdicts; case |
| 42 | reporting.--Through the state's uniform case reporting system, |
| 43 | the clerk of court shall report to the Office of the State |
| 44 | Courts Administrator, beginning in 2003, information from each |
| 45 | settlement or jury verdict and final judgment in negligence |
| 46 | cases as defined in s. 768.81(4), as the President of the Senate |
| 47 | and the Speaker of the House of Representatives deem necessary |
| 48 | from time to time. The information shall include, but need not |
| 49 | be limited to: the name of each plaintiff and defendant; the |
| 50 | verdict; the percentage of fault of each; the amount of economic |
| 51 | damages and noneconomic damages awarded to each plaintiff, |
| 52 | identifying those damages that are to be paid jointly and |
| 53 | severally and by which defendants; and the amount of any |
| 54 | punitive damages to be paid by each defendant. |
| 55 | Section 5. This act shall take effect July 1, 2005. |
| 56 |
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| 57 | ======= T I T L E A M E N D M E N T ========= |
| 58 | On page 1, line(s) 14-28, |
| 59 | remove: all of said lines |
| 60 |
|
| 61 | and insert: |
| 62 | A bill to be entitled |
| 63 | An act relating to negligence; creating s. 768.0755, F.S.; |
| 64 | providing that if a person slips and falls on a transitory |
| 65 | foreign substance on business premises, the injured person |
| 66 | must prove that the business had knowledge of the |
| 67 | condition in that the condition existed for a sufficient |
| 68 | time for the business to have taken action to remedy the |
| 69 | condition; providing that constructive knowledge may be |
| 70 | proven by circumstantial evidence; amending s. 768.81, |
| 71 | F.S., relating to comparative fault; providing that the |
| 72 | section does not apply to an intentional tort that occurs |
| 73 | in an indoor area of a business; repealing s. 768.0710, |
| 74 | F.S., relating to the duty to maintain premises in a |
| 75 | reasonably safe condition for the safety of business |
| 76 | invitees; reenacting s. 25.077, F.S., relating to the duty |
| 77 | of the clerk of court to report certain information |
| 78 | concerning negligence cases, to incorporate the amendment |
| 79 | made to s. 768.81, F.S., in a reference thereto; providing |
| 80 | an effective date. |