Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1931, 1st Eng.
                        Barcode 702196
                            CHAMBER ACTION
              Senate                               House
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       05/05/2005 07:38 PM         .         05/06/2005 21:50:20
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11  Senator Webster moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
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16  and insert:  
17         Section 1.  Section 768.0755, Florida Statutes, is
18  created to read:
20  substances in a retail establishment.--If a person slips and
21  falls on a transitory foreign substance in a retail
22  establishment, the injured person must prove that the retail
23  establishment had actual or constructive knowledge of the
24  dangerous condition in that the condition existed for a
25  sufficient length of time so that, in the exercise of ordinary
26  care, the retail establishment should have known of the
27  dangerous condition and taken action to remedy it.
28  Constructive knowledge may be proven by circumstantial
29  evidence showing that:
30         (1)  The dangerous condition existed for such a length
31  of time that in the exercise of ordinary care, the retail
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    4:30 PM   05/05/05                              h1931.09ju.p01


    Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1931, 1st Eng.
                        Barcode 702196
 1  establishment should have known of the condition; or
 2         (2)  The condition occurred with regularity and was
 3  therefore foreseeable.
 4         Section 2.  Section 768.0710, Florida Statutes, is
 5  repealed.
 6         Section 3.  This act shall take effect July 1, 2005.
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 9  ================ T I T L E   A M E N D M E N T ===============
10  And the title is amended as follows:
11         Delete everything before the enacting clause
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13  and insert:
14         An act relating to negligence; creating s.
15         768.0755, F.S.; providing that if a person
16         slips and falls on a transitory foreign
17         substance in a retail establishment, the
18         injured person must prove that the retail
19         establishment had knowledge of the condition in
20         that the condition existed for a sufficient
21         time for the retail establishment to have taken
22         action to remedy the condition; providing that
23         constructive knowledge may be proven by
24         circumstantial evidence; repealing s. 768.0710,
25         F.S., relating to the duty to maintain premises
26         in a reasonably safe condition for the safety
27         of business invitees; providing an effective
28         date.
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    4:30 PM   05/05/05                              h1931.09ju.p01