HB 1931

1
A bill to be entitled
2An act relating to negligence; creating s. 768.0755, F.S.;
3providing that a person seeking damages for a slip and
4fall on a transitory foreign substance in a retail
5establishment must prove that the retail establishment had
6actual knowledge of the condition or constructive
7knowledge of the condition; defining "constructive
8knowledge"; providing that constructive knowledge may be
9proven by circumstantial evidence; amending s. 768.81,
10F.S.; redefining the term "negligence cases" as it relates
11to comparative fault to include claims for negligent
12security in which the defendant is sued for failing to
13prevent the commission of an intentional tort; providing
14that the apportionment of damages does not apply to any
15action in which an intentional tortfeasor is sued and
16seeks to apportion fault to a negligent tortfeasor;
17repealing s. 768.0710, F.S., relating to the duty to
18maintain premises in a reasonably safe condition for the
19safety of business invitees; reenacting s. 25.077, F.S.,
20relating to the duty of the clerk of court to report
21certain information concerning negligence cases, to
22incorporate the amendment made to s. 768.81, F.S., in a
23reference thereto; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Section 768.0775, Florida Statutes, is created
28to read:
29     768.0775  Premises liability for transitory foreign
30substances in a retail establishment.--If a person slips and
31falls on a transitory foreign substance in a retail
32establishment, the injured person must prove that the retail
33establishment had actual knowledge of the dangerous condition or
34had constructive knowledge of the dangerous condition in that
35the condition existed for a sufficient length of time that, in
36the exercise of ordinary care, the retail establishment should
37have known of the dangerous condition and taken action to remedy
38it. Constructive knowledge may be proven by circumstantial
39evidence showing that the dangerous condition existed for such a
40length of time that in the exercise of ordinary care the retail
41establishment should have known of the condition.
42     Section 2.  Subsection (4) of section 768.81, Florida
43Statutes, is amended to read:
44     768.81  Comparative fault.--
45     (4)  APPLICABILITY.--
46     (a)  This section applies to negligence cases. For purposes
47of this section, the term "negligence cases" includes, but is
48not limited to, civil actions for damages based upon theories of
49negligence, including negligent security resulting in the
50commission of an intentional tort or criminal act; strict
51liability;, products liability;, professional malpractice
52whether couched in terms of contract or tort;, or breach of
53warranty and like theories. In determining whether a case falls
54within the term "negligence cases," the court shall look to the
55substance of the action and not the conclusory terms used by the
56parties.
57     (b)  This section does not apply to any action brought by
58any person to recover actual economic damages resulting from
59pollution, to any action in which an intentional tortfeasor
60seeks to apportion fault to a negligent tortfeasor based upon an
61intentional tort, or to any cause of action as to which
62application of the doctrine of joint and several liability is
63specifically provided by chapter 403, chapter 498, chapter 517,
64chapter 542, or chapter 895.
65     Section 3.  Section 768.0710, Florida Statutes, is
66repealed.
67     Section 4.  For the purpose of incorporating the amendment
68to section 768.81, Florida Statutes, in a reference thereto,
69section 25.077, Florida Statutes, is reenacted to read:
70     25.077  Negligence case settlements and jury verdicts; case
71reporting.--Through the state's uniform case reporting system,
72the clerk of court shall report to the Office of the State
73Courts Administrator, beginning in 2003, information from each
74settlement or jury verdict and final judgment in negligence
75cases as defined in s. 768.81(4), as the President of the Senate
76and the Speaker of the House of Representatives deem necessary
77from time to time. The information shall include, but need not
78be limited to: the name of each plaintiff and defendant; the
79verdict; the percentage of fault of each; the amount of economic
80damages and noneconomic damages awarded to each plaintiff,
81identifying those damages that are to be paid jointly and
82severally and by which defendants; and the amount of any
83punitive damages to be paid by each defendant.
84     Section 5.  This act shall take effect July 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.