| 1 | A bill to be entitled |
| 2 | An act relating to negligence; creating s. 768.0755, F.S.; |
| 3 | providing that a person seeking damages for a slip and |
| 4 | fall on a transitory foreign substance in a commercial |
| 5 | establishment must prove that the commercial establishment |
| 6 | had actual knowledge of the condition or constructive |
| 7 | knowledge of the condition; defining "constructive |
| 8 | knowledge"; providing that constructive knowledge may be |
| 9 | proven by circumstantial evidence; amending s. 768.81, |
| 10 | F.S.; redefining the term "negligence cases" as it relates |
| 11 | to comparative fault to include claims for negligent |
| 12 | security in which the defendant is sued for failing to |
| 13 | prevent the commission of an intentional tort; providing |
| 14 | that the apportionment of damages does not apply to any |
| 15 | action in which an intentional tortfeasor is sued and |
| 16 | seeks to apportion fault to a negligent tortfeasor; |
| 17 | repealing s. 768.0710, F.S., relating to the duty to |
| 18 | maintain premises in a reasonably safe condition for the |
| 19 | safety of business invitees; reenacting s. 25.077, F.S., |
| 20 | relating to the duty of the clerk of court to report |
| 21 | certain information concerning negligence cases, to |
| 22 | incorporate the amendment made to s. 768.81, F.S., in a |
| 23 | reference thereto; providing an effective date. |
| 24 |
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| 25 | Be It Enacted by the Legislature of the State of Florida: |
| 26 |
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| 27 | Section 1. Section 768.0775, Florida Statutes, is created |
| 28 | to read: |
| 29 | 768.0775 Premises liability for transitory foreign |
| 30 | substances in a commercial establishment.--If a person slips and |
| 31 | falls on a transitory foreign substance in a commercial |
| 32 | establishment, the injured person must prove that the commercial |
| 33 | establishment had actual knowledge of the dangerous condition or |
| 34 | had constructive knowledge of the dangerous condition in that |
| 35 | the condition existed for a sufficient length of time that, in |
| 36 | the exercise of ordinary care, the commercial establishment |
| 37 | should have known of the dangerous condition and taken action to |
| 38 | remedy it. Constructive knowledge may be proven by |
| 39 | circumstantial evidence showing that: |
| 40 | (1) The dangerous condition existed for such a length of |
| 41 | time that in the exercise of ordinary care, the commercial |
| 42 | establishment should have known of the condition; or |
| 43 | (2) The condition occurred with regularity and was |
| 44 | therefore foreseeable. |
| 45 | Section 2. Subsection (4) of section 768.81, Florida |
| 46 | Statutes, is amended to read: |
| 47 | 768.81 Comparative fault.-- |
| 48 | (4) APPLICABILITY.-- |
| 49 | (a) This section applies to negligence cases. For purposes |
| 50 | of this section, the term "negligence cases" includes, but is |
| 51 | not limited to, civil actions for damages based upon theories of |
| 52 | negligence, including negligent security resulting in the |
| 53 | commission of an intentional tort or criminal act; strict |
| 54 | liability;, products liability;, professional malpractice |
| 55 | whether couched in terms of contract or tort;, or breach of |
| 56 | warranty and like theories. In determining whether a case falls |
| 57 | within the term "negligence cases," the court shall look to the |
| 58 | substance of the action and not the conclusory terms used by the |
| 59 | parties. |
| 60 | (b) This section does not apply to any action brought by |
| 61 | any person to recover actual economic damages resulting from |
| 62 | pollution, to any action in which an intentional tortfeasor |
| 63 | seeks to apportion fault to a negligent tortfeasor based upon an |
| 64 | intentional tort, or to any cause of action as to which |
| 65 | application of the doctrine of joint and several liability is |
| 66 | specifically provided by chapter 403, chapter 498, chapter 517, |
| 67 | chapter 542, or chapter 895. |
| 68 | Section 3. Section 768.0710, Florida Statutes, is |
| 69 | repealed. |
| 70 | Section 4. For the purpose of incorporating the amendment |
| 71 | to section 768.81, Florida Statutes, in a reference thereto, |
| 72 | section 25.077, Florida Statutes, is reenacted to read: |
| 73 | 25.077 Negligence case settlements and jury verdicts; case |
| 74 | reporting.--Through the state's uniform case reporting system, |
| 75 | the clerk of court shall report to the Office of the State |
| 76 | Courts Administrator, beginning in 2003, information from each |
| 77 | settlement or jury verdict and final judgment in negligence |
| 78 | cases as defined in s. 768.81(4), as the President of the Senate |
| 79 | and the Speaker of the House of Representatives deem necessary |
| 80 | from time to time. The information shall include, but need not |
| 81 | be limited to: the name of each plaintiff and defendant; the |
| 82 | verdict; the percentage of fault of each; the amount of economic |
| 83 | damages and noneconomic damages awarded to each plaintiff, |
| 84 | identifying those damages that are to be paid jointly and |
| 85 | severally and by which defendants; and the amount of any |
| 86 | punitive damages to be paid by each defendant. |
| 87 | Section 5. This act shall take effect July 1, 2005. |