Florida Senate - 2010                             CS for SB 1224
       
       
       
       By the Committee on Judiciary; and Senator Gardiner
       
       
       
       
       590-03234-10                                          20101224c1
    1                        A bill to be entitled                      
    2         An act relating to negligence; creating s. 768.0755,
    3         F.S.; providing that if a person slips and falls on a
    4         transitory foreign substance in a business
    5         establishment, the injured person must prove that the
    6         business establishment had actual or constructive
    7         knowledge of the condition and should have taken
    8         action to remedy it; providing that constructive
    9         knowledge may be proven by circumstantial evidence;
   10         specifying that the provisions do not affect any
   11         common-law duty of care owed by a person or entity in
   12         possession or control of a business premises;
   13         repealing s. 768.0710, F.S., relating to the duty to
   14         maintain premises and the burden of proof in claims of
   15         negligence involving transitory foreign objects or
   16         substances; providing an effective date.
   17  
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 768.0755, Florida Statutes, is created
   21  to read:
   22         768.0755 Premises liability for transitory foreign
   23  substances in a business establishment.—
   24         (1) If a person slips and falls on a transitory foreign
   25  substance in a business establishment, the injured person must
   26  prove that the business establishment had actual or constructive
   27  knowledge of the dangerous condition and should have taken
   28  action to remedy it. Constructive knowledge may be proven by
   29  circumstantial evidence showing that:
   30         (a) The dangerous condition existed for such a length of
   31  time that, in the exercise of ordinary care, the business
   32  establishment should have known of the condition; or
   33         (b) The condition occurred with regularity and was
   34  therefore foreseeable.
   35         (2) This section does not affect any common-law duty of
   36  care owed by a person or entity in possession or control of a
   37  business premises.
   38         Section 2. Section 768.0710, Florida Statutes, is repealed.
   39         Section 3. This act shall take effect July 1, 2010.