Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. HB 1931, 1st Eng.
                        Barcode 882298
                            CHAMBER ACTION
              Senate                               House
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       05/05/2005 07:36 PM         .                    
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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:
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
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    4:28 PM   05/05/05                              h1931.09ju.p03

Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 882298 1 establishment should have known of the condition; or 2 (2) The condition occurred with regularity and was 3 therefore foreseeable. 4 Section 2. Paragraph (b) of subsection (4) of section 5 768.81, Florida Statutes, is amended to read: 6 (4) APPLICABILITY.-- 7 (b) This section does not apply to any action brought 8 by any person to recover actual economic damages resulting 9 from pollution, to any action based upon an intentional tort 10 that occurs in an indoor area of a business, or to any cause 11 of action as to which application of the doctrine of joint and 12 several liability is specifically provided by chapter 403, 13 chapter 498, chapter 517, chapter 542, or chapter 895. 14 Section 3. Section 768.0710, Florida Statutes, is 15 repealed. 16 Section 4. For the purpose of incorporating the 17 amendment made by this act to section 768.81, Florida 18 Statutes, in references thereto, section 25.077, Florida 19 Statutes, is reenacted to read: 20 25.077 Negligence case settlements and jury verdicts; 21 case reporting.--Through the state's uniform case reporting 22 system, the clerk of court shall report to the Office of the 23 State Courts Administrator, beginning in 2003, information 24 from each settlement or jury verdict and final judgment in 25 negligence cases as defined in s. 768.81(4), as the President 26 of the Senate and the Speaker of the House of Representatives 27 deem necessary from time to time. The information shall 28 include, but need not be limited to: the name of each 29 plaintiff and defendant; the verdict; the percentage of fault 30 of each; the amount of economic damages and noneconomic 31 damages awarded to each plaintiff, identifying those damages 2 4:28 PM 05/05/05 h1931.09ju.p03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 882298 1 that are to be paid jointly and severally and by which 2 defendants; and the amount of any punitive damages to be paid 3 by each defendant. 4 Section 5. This act shall take effect July 1, 2005. 5 6 7 ================ T I T L E A M E N D M E N T =============== 8 And the title is amended as follows: 9 Delete everything before the enacting clause 10 11 and insert: 12 An act relating to negligence; creating s. 13 768.0755, F.S.; providing that if a person 14 slips and falls on a transitory foreign 15 substance in a retail establishment, the 16 injured person must prove that the retail 17 establishment had knowledge of the condition in 18 that the condition existed for a sufficient 19 time for the retail establishment to have taken 20 action to remedy the condition; providing that 21 constructive knowledge may be proven by 22 circumstantial evidence; amending s. 768.81, 23 F.S.; providing for the apportionment of 24 damages to an intentional tortfeasor for 25 intentional torts that occur in the outdoor 26 areas of a business; repealing s. 768.0710, 27 F.S., relating to the duty to maintain premises 28 in a reasonably safe condition for the safety 29 of business invitees; reenacting s. 25.077, 30 F.S., relating to the duty of the clerk of 31 court to report certain information concerning 3 4:28 PM 05/05/05 h1931.09ju.p03
Florida Senate - 2005 SENATOR AMENDMENT Bill No. HB 1931, 1st Eng. Barcode 882298 1 negligence cases, to incorporate the amendment 2 made to s. 768.81, F.S., in a reference 3 thereto; providing an effective date. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:28 PM 05/05/05 h1931.09ju.p03