Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1931, 1st Eng.
                        Barcode 763998
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                  WD/2R          .                    
       05/05/2005 07:36 PM         .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Webster moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 768.0755, Florida Statutes, is
18  created to read:
19         768.0755  Premises liability for transitory foreign
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
                                  1
    4:26 PM   05/05/05                              h1931.09ju.p02

Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 763998 1 establishment should have known of the condition; or 2 (2) The condition occurred with regularity and was 3 therefore foreseeable. 4 Section 2. Subsection (4) of section 768.81, Florida 5 Statutes, is amended to read: 6 768.81 Comparative fault.-- 7 (4) APPLICABILITY.-- 8 (a) This section applies to negligence cases. For 9 purposes of this section, the term "negligence cases" 10 includes, but is not limited to, civil actions for damages 11 based upon theories of negligence, including negligent 12 security resulting in the commission of an intentional tort or 13 criminal act; strict liability;, products liability;, 14 professional malpractice whether couched in terms of contract 15 or tort;, or breach of warranty and like theories. In 16 determining whether a case falls within the term "negligence 17 cases," the court shall look to the substance of the action 18 and not the conclusory terms used by the parties. 19 (b) This section does not apply to any action brought 20 by any person to recover actual economic damages resulting 21 from pollution, to any action in which an intentional 22 tortfeasor seeks to apportion fault to a negligent tortfeasor 23 based upon an intentional tort, or to any cause of action as 24 to which application of the doctrine of joint and several 25 liability is specifically provided by chapter 403, chapter 26 498, chapter 517, chapter 542, or chapter 895. 27 Section 3. Section 768.0710, Florida Statutes, is 28 repealed. 29 Section 4. For the purpose of incorporating the 30 amendment to section 768.81, Florida Statutes, in a reference 31 thereto, section 25.077, Florida Statutes, is reenacted to 2 4:26 PM 05/05/05 h1931.09ju.p02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 763998 1 read: 2 25.077 Negligence case settlements and jury verdicts; 3 case reporting.--Through the state's uniform case reporting 4 system, the clerk of court shall report to the Office of the 5 State Courts Administrator, beginning in 2003, information 6 from each settlement or jury verdict and final judgment in 7 negligence cases as defined in s. 768.81(4), as the President 8 of the Senate and the Speaker of the House of Representatives 9 deem necessary from time to time. The information shall 10 include, but need not be limited to: the name of each 11 plaintiff and defendant; the verdict; the percentage of fault 12 of each; the amount of economic damages and noneconomic 13 damages awarded to each plaintiff, identifying those damages 14 that are to be paid jointly and severally and by which 15 defendants; and the amount of any punitive damages to be paid 16 by each defendant. 17 Section 5. This act shall take effect July 1, 2005. 18 19 20 ================ T I T L E A M E N D M E N T =============== 21 And the title is amended as follows: 22 Delete everything before the enacting clause 23 24 and insert: 25 An act relating to negligence; creating s. 26 768.0755, F.S.; providing that if a person 27 slips and falls on a transitory foreign 28 substance in a retail establishment, the 29 injured person must prove that the retail 30 establishment had knowledge of the condition in 31 that the condition existed for a sufficient 3 4:26 PM 05/05/05 h1931.09ju.p02
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 763998 1 time for the retail establishment to have taken 2 action to remedy the condition; providing that 3 constructive knowledge may be proven by 4 circumstantial evidence; amending s. 768.81, 5 F.S.; redefining the term "negligence cases" as 6 it relates to comparative fault to include 7 claims for negligent security in which the 8 defendant is sued for failing to prevent the 9 commission of an intentional tort; providing 10 that the apportionment of damages does not 11 apply to any action in which an intentional 12 tortfeasor is sued and seeks to apportion fault 13 to a negligent tortfeasor; repealing s. 14 768.0710, F.S., relating to the duty to 15 maintain premises in a reasonably safe 16 condition for the safety of business invitees; 17 reenacting s. 25.077, F.S., relating to the 18 duty of the clerk of court to report certain 19 information concerning negligence cases, to 20 incorporate the amendment made to s. 768.81, 21 F.S., in a reference thereto; providing an 22 effective date. 23 24 25 26 27 28 29 30 31 4 4:26 PM 05/05/05 h1931.09ju.p02