Senate Bill 2566
Senate Bill sb2566c1
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Florida Senate - 2005 CS for SB 2566
By the Committee on Judiciary; and Senators Webster, King,
Clary and Lynn
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1 A bill to be entitled
2 An act relating to negligence; creating s.
3 768.0755, F.S.; providing that if a person
4 slips and falls on a transitory foreign
5 substance in a retail establishment, the
6 injured person must prove that the retail
7 establishment had knowledge of the condition in
8 that the condition existed for a sufficient
9 time for the retail establishment to have taken
10 action to remedy the condition; providing that
11 constructive knowledge may be proven by
12 circumstantial evidence; creating s. 812.18,
13 F.S.; providing legislative intent relating to
14 business parking lot security; providing an
15 evidentiary presumption relating to determining
16 whether there was adequate security to protect
17 against a reasonably foreseeable and
18 preventable criminal act that occurs in a
19 commercial parking lot; providing for
20 admissibility of evidence relating to
21 compliance with this section; providing an
22 exception to applicability of the section;
23 repealing s. 768.0710, F.S., relating to the
24 duty to maintain premises in a reasonably safe
25 condition for the safety of business invitees;
26 providing an effective date.
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28 Be It Enacted by the Legislature of the State of Florida:
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30 Section 1. Section 768.0755, Florida Statutes, is
31 created to read:
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Florida Senate - 2005 CS for SB 2566
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1 768.0755 Premises liability for transitory foreign
2 substances in a retail establishment.--If a person slips and
3 falls on a transitory foreign substance in a retail
4 establishment, the injured person must prove that the retail
5 establishment had actual or constructive knowledge of the
6 dangerous condition in that the condition existed for a
7 sufficient length of time so that, in the exercise of ordinary
8 care, the retail establishment should have known of the
9 dangerous condition and taken action to remedy it.
10 Constructive knowledge may be proven by circumstantial
11 evidence showing that:
12 (1) The dangerous condition existed for such a length
13 of time that in the exercise of ordinary care, the retail
14 establishment should have known of the condition; or
15 (2) The condition occurred with regularity and was
16 therefore foreseeable.
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.
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Florida Senate - 2005 CS for SB 2566
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1 (2) In determining whether adequate security to
2 protect against a reasonably foreseeable and preventable
3 criminal act was provided at the time that the criminal act
4 occurred, a presumption exists that a person or organization
5 who owns or controls an interest in commercial real property
6 upon which the sales of goods or services takes place and who
7 owns or controls a parking lot of 150 or more parking spaces
8 associated with such commercial property has fulfilled any
9 duty to provide adequate security in such parking lot to any
10 person legally on the property in such parking lot against
11 criminal acts committed by third parties if the court finds
12 that the owner met the following conditions in a non-negligent
13 manner at the time the criminal act occurred, and any party
14 may present evidence on motion for summary judgment or at
15 trial that some or all of the following security measures had
16 or had not been taken and maintained in a reasonable,
17 non-negligent manner:
18 (a) Signs were prominently posted in the parking lot
19 and other exterior public places on the premises indicating
20 the hours of normal business operations and advising that the
21 premises are monitored by video cameras. Signs may also
22 provide a safety message substantially similar to the
23 following: TO HELP PROTECT YOUR SAFETY AND PERSONAL PROPERTY,
24 PLEASE LOCK YOUR VEHICLE, BE ALERT, AND DO NOT LEAVE VALUABLES
25 IN YOUR VEHICLE.
26 (b) Substantially all of the parking lot, adjacent
27 public walkways, common areas, and commercial business
28 entrances and exits on the premises, including the location
29 where the criminal act occurred, were illuminated at an
30 intensity of at least 2 foot-candles per square foot at 36
31 inches above the surface of the ground, pavement, or walkway,
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Florida Senate - 2005 CS for SB 2566
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1 as attested to by a certified electrical engineer or a
2 licensed electrical contractor, unless another level of
3 illumination is required by local, state, or federal law.
4 (c) The person or organization who owns or controls
5 the property adopted and maintained reasonable policies and
6 training programs for employees concerning crime awareness and
7 prevention and safety and security of invitees, guests, and
8 other members of the public.
9 (d) Security cameras were installed and were operating
10 during business hours and covered substantially all the
11 parking lot and adjacent public walkways, common areas, and
12 commercial building entrances and exits on the premises, and
13 the recording for the cameras were maintained for at least 30
14 days.
15 (e) One or more private security guards licensed
16 pursuant to chapter 493 or police officers were on duty,
17 either monitoring surveillance cameras or patrolling the
18 premises, with such frequency that each area of the parking
19 lot, public walkways, common areas, and commercial building
20 entrances and exits could be observed by the guard or guards
21 at not less than 30-minute intervals. The number of security
22 guards or police officers utilized should be based on a
23 reasonable assessment pursuant to paragraph (g). This
24 assessment should be based, at a minimum, on the number of
25 prior crimes occurring on and around the parking lot, adjacent
26 public walkways, common areas, and commercial building
27 entrances and exits on the premises, the time of day and
28 season of commission of such crimes relative to the hours of
29 business operations, the size of the parking lot, and the
30 ability of the security guards or police officers to monitor
31 and patrol the premises in a timely manner as described above.
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1 (f) When not prohibited by law, fencing had been
2 installed and maintained adjacent to property which limited
3 pedestrian access and entry onto the premises via public
4 accessways and walkways and denied access onto the premises
5 from areas not intended for access onto the premises.
6 (g) A person or organization owning or controlling an
7 interest in commercial real property made an assessment of the
8 appropriate security measures for the parking lot, public
9 walkways, common areas, and commercial building entrances and
10 exits based upon criminal-incident reports from the local law
11 enforcement agency. This assessment shall include an onsite
12 examination and analysis of the business and surrounding
13 properties by the person or organization to ascertain what
14 crimes have occurred in the past, crimes likely to occur in
15 the future, and the present status of security measures. The
16 results and conclusions must be in writing and must be
17 available through discovery.
18 (3) The provisions of this section and evidence
19 relating to compliance or noncompliance with this section
20 shall be admissible in evidence in any civil or criminal
21 proceeding, if such evidence is otherwise admissible pursuant
22 to the Florida Evidence Code.
23 (4) This section does not apply if the criminal act
24 was committed by the person owning or controlling the interest
25 in the commercial real property or an employee or agent of
26 such person.
27 Section 3. Section 768.0710, Florida Statutes, is
28 repealed.
29 Section 4. This act shall take effect July 1, 2005.
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Florida Senate - 2005 CS for SB 2566
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 2566
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4 The committee substitute differs from the underlying bill in
that the committee substitute:
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-- Deletes provisions that would have required the
6 apportionment of fault to an intentional tortfeasor when
a person is liable for damages as the result of negligent
7 security; and
8 -- Creates a presumption that a business has provided
adequate security against criminal acts committed by
9 third parties in a parking lot when certain security
measures are implemented in a reasonable non-negligent
10 manner.
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