November 15, 2019
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Amendment CaShTmL-121286.htm
                                                  SENATE AMENDMENT
    Bill No. SB 2226
    Amendment No. 1   Barcode 121286
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Comprehensive Planning recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 768.1382, Florida Statutes, is
19  created to read:
20         768.1382  Reasonable care in the maintenance of street
21  lights by utilities.--
22         (1)  A governmental entity, including the state and its
23  agencies or subdivisions, or an electric utility, as defined
24  in s. 366.02(2), which maintains streetlights is presumed to
25  have used reasonable care in the maintenance of the
26  streetlights if it:
27         (a)  Conducts regular inspections of each streetlight
28  at night at least once every 6 months;
29         (b)  Logs reports of inoperative or malfunctioning
30  streetlights which result from the inspections or from citizen
31  complaints; and
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    4:42 PM   04/17/04                                 s2226.cp.01

SENATE AMENDMENT Bill No. SB 2226 Amendment No. 1 Barcode 121286 1 (c) Repairs reported inoperative or malfunctioning 2 lights within 30 days after receiving the report or, if in an 3 area affected by a state of emergency declared by federal, 4 state, or local authorities, within 180 days after the 5 cessation of the emergency. 6 (2) The presumption of reasonable care is rebuttable. 7 (3) In an action for damages arising out of a personal 8 injury or wrongful death in which a duty to maintain 9 streetlights is at issue, an entity responsible for 10 maintaining the streetlights which is not a party to the 11 litigation may not be deemed or found at fault or responsible 12 for the injury or death that gave rise to the damages. 13 Section 2. This act shall take effect July 1, 2004, 14 and applies to causes of action that accrue on or after that 15 date. 16 17 18 ================ T I T L E A M E N D M E N T =============== 19 And the title is amended as follows: 20 Delete everything before the enacting clause 21 22 and insert: 23 A bill to be entitled 24 An act relating to liability for the 25 maintenance of streetlights; creating s. 26 768.1382, F.S.; creating a rebuttable 27 presumption of reasonable care for utilities 28 that follow certain procedures; limiting the 29 liability of nonparties in certain litigation; 30 providing an effective date. 31 2 4:42 PM 04/17/04 s2226.cp.01
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