Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1931, 1st Eng.
                        Barcode 810134
                            CHAMBER ACTION
              Senate                               House
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       05/05/2005 07:36 PM         .                    
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11  Senator Smith moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Lines 45-87, delete those lines
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16  and insert:  
17         Section 2.  Section 812.18, Florida Statutes, is
18  created to read:
19         812.18 Business parking lot security.--
20         (1)  The Legislature recognizes that a person or
21  organization who owns or controls an interest in commercial
22  real property upon which the sales of goods or services takes
23  place and who owns or controls a parking lot of 150 or more
24  parking spaces associated with such commercial property should
25  provide adequate security for invitees, guests, and other
26  members of the public who are legally on the premises to
27  protect against reasonably foreseeable and preventable
28  criminal acts that may occur in such parking lot, adjacent
29  public walkways, common areas, and commercial business
30  entrances and exits on the premises.
31         (2)  In determining whether adequate security to
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    10:51 AM   05/03/05                          h193102e1c-14-z7c

Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 810134 1 protect against a reasonably foreseeable and preventable 2 criminal act was provided at the time that the criminal act 3 occurred, a presumption exists that a person or organization 4 who owns or controls an interest in commercial real property 5 upon which the sales of goods or services takes place and who 6 owns or controls a parking lot of 150 or more parking spaces 7 associated with such commercial property has fulfilled any 8 duty to provide adequate security in such parking lot to any 9 person legally on the property in such parking lot against 10 criminal acts committed by third parties if the court finds 11 that the owner met the following conditions in a non-negligent 12 manner at the time the criminal act occurred, and any party 13 may present evidence on motion for summary judgment or at 14 trial that some or all of the following security measures had 15 or had not been taken and maintained in a reasonable, 16 non-negligent manner: 17 (a) Signs were prominently posted in the parking lot 18 and other exterior public places on the premises indicating 19 the hours of normal business operations and advising that the 20 premises are monitored by video cameras. Signs may also 21 provide a safety message substantially similar to the 22 following: TO HELP PROTECT YOUR SAFETY AND PERSONAL PROPERTY, 23 PLEASE LOCK YOUR VEHICLE, BE ALERT, AND DO NOT LEAVE VALUABLES 24 IN YOUR VEHICLE. 25 (b) Substantially all of the parking lot, adjacent 26 public walkways, common areas, and commercial business 27 entrances and exits on the premises, including the location 28 where the criminal act occurred, were illuminated at an 29 intensity of at least 2 foot-candles per square foot at 36 30 inches above the surface of the ground, pavement, or walkway, 31 as attested to by a certified electrical engineer or a 2 10:51 AM 05/03/05 h193102e1c-14-z7c
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 810134 1 licensed electrical contractor, unless another level of 2 illumination is required by local, state, or federal law. 3 (c) The person or organization who owns or controls 4 the property adopted and maintained reasonable policies and 5 training programs for employees concerning crime awareness and 6 prevention and safety and security of invitees, guests, and 7 other members of the public. 8 (d) Security cameras were installed and were operating 9 during business hours and covered substantially all the 10 parking lot and adjacent public walkways, common areas, and 11 commercial building entrances and exits on the premises, and 12 the recording for the cameras were maintained for at least 30 13 days. 14 (e) One or more private security guards licensed 15 pursuant to chapter 493 or police officers were on duty, 16 either monitoring surveillance cameras or patrolling the 17 premises, with such frequency that each area of the parking 18 lot, public walkways, common areas, and commercial building 19 entrances and exits could be observed by the guard or guards 20 at not less than 30-minute intervals. The number of security 21 guards or police officers utilized should be based on a 22 reasonable assessment pursuant to paragraph (g). This 23 assessment should be based, at a minimum, on the number of 24 prior crimes occurring on and around the parking lot, adjacent 25 public walkways, common areas, and commercial building 26 entrances and exits on the premises, the time of day and 27 season of commission of such crimes relative to the hours of 28 business operations, the size of the parking lot, and the 29 ability of the security guards or police officers to monitor 30 and patrol the premises in a timely manner as described above. 31 (f) When not prohibited by law, fencing had been 3 10:51 AM 05/03/05 h193102e1c-14-z7c
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 810134 1 installed and maintained adjacent to property which limited 2 pedestrian access and entry onto the premises via public 3 accessways and walkways and denied access onto the premises 4 from areas not intended for access onto the premises. 5 (g) A person or organization owning or controlling an 6 interest in commercial real property made an assessment of the 7 appropriate security measures for the parking lot, public 8 walkways, common areas, and commercial building entrances and 9 exits based upon criminal-incident reports from the local law 10 enforcement agency. This assessment shall include an onsite 11 examination and analysis of the business and surrounding 12 properties by the person or organization to ascertain what 13 crimes have occurred in the past, crimes likely to occur in 14 the future, and the present status of security measures. The 15 results and conclusions must be in writing and must be 16 available through discovery. 17 (3) The provisions of this section and evidence 18 relating to compliance or noncompliance with this section 19 shall be admissible in evidence in any civil or criminal 20 proceeding, if such evidence is otherwise admissible pursuant 21 to the Florida Evidence Code. 22 (4) This section does not apply if the criminal act 23 was committed by the person owning or controlling the interest 24 in the commercial real property or an employee or agent of 25 such person. 26 Section 3. Section 768.0710, Florida Statutes, is 27 repealed. 28 Section 4. This act shall take effect July 1, 2005. 29 30 31 4 10:51 AM 05/03/05 h193102e1c-14-z7c
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 810134 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Lines 9-23, delete those lines 4 5 and insert: 6 proven by circumstantial evidence; creating s. 7 812.18, F.S.; providing legislative intent 8 relating to business parking lot security; 9 providing an evidentiary presumption relating 10 to determining whether there was adequate 11 security to protect against a reasonably 12 foreseeable and preventable criminal act that 13 occurs in a commercial parking lot; providing 14 for admissibility of evidence relating to 15 compliance with this section; providing an 16 exception to applicability of the section; 17 repealing s. 768.0710, F.S., relating to the 18 duty to maintain premises in a reasonably safe 19 condition for the safety of business invitees; 20 providing an effective date. 21 22 23 24 25 26 27 28 29 30 31 5 10:51 AM 05/03/05 h193102e1c-14-z7c