Florida Senate - 2015 SB 684
By Senator Grimsley
1 A bill to be entitled
2 An act relating to convenience businesses; amending s.
3 812.171, F.S.; revising the term “convenience
4 business”; amending s. 812.173, F.S.; conforming a
5 provision to a change made by the act; amending s.
6 812.174, F.S.; deleting an obsolete provision;
7 removing the requirement that a curriculum be
8 submitted for reapproval biennially with a specified
9 administrative fee; removing a requirement that
10 specified curriculum be subject to reapproval 2 years
11 from initial approval and biennially thereafter;
12 making technical changes; providing an effective date.
14 Be It Enacted by the Legislature of the State of Florida:
16 Section 1. Section 812.171, Florida Statutes, is amended to
18 812.171 Definition.—As used in this act, the term
19 “convenience business” means any place of business that is
20 primarily engaged in the retail sale of groceries, or both
21 groceries and gasoline, and that is open for business at any
22 time between the hours of 11 p.m. and 5 a.m. The term
23 “convenience business” does not include:
24 (1) A business that is solely or primarily a restaurant.
25 (2) A business that always has at least five employees on
26 the premises after 11 p.m. and before 5 a.m.
27 (3) A business that has at least 10,000 square feet of
28 retail floor space.
The term “convenience business” does not include any business in
31 which the owner or members of his or her family work between the
32 hours of 11 p.m. and 5 a.m.
33 Section 2. Subsection (5) of section 812.173, Florida
34 Statutes, is amended to read:
35 812.173 Convenience business security.—
36 (5) For purposes of this section, subsection (4) does not
37 apply to a convenience business in which the owner or the
38 members of the owner’s family work between the hours of 11 p.m.
39 and 5 a.m. A Any convenience business that was required by law
40 to implement implemented any of the security measures specified
41 set forth in paragraphs (4)(a)-(e) and has maintained those said
42 measures as required by the Department of Legal Affairs without
43 any occurrence or incidence of the crimes specified in
44 identified by subsection (4) for a period of at least no less
45 than 24 months immediately preceding the filing of a notice of
46 exemption, may file with the department a notice of exemption
47 from these enhanced security measures. In no event shall This
48 exemption may not be interpreted as precluding to preclude full
49 compliance with the security measures specified set forth in
50 subsection (4) should any occurrence or incidence of the crimes
51 specified in that subsection identified by subsection (4) cause
52 that subsection (4) to be statutorily applicable. As of the date
53 this act becomes law, the Department of Legal Affairs will
54 provide notice to any convenience business to which a subsection
55 (4) incident has previously occurred. I n no event shall The
56 state or the Department of Legal Affairs does not incur any
57 liability for the regulation and enforcement of this act.
58 Section 3. Section 812.174, Florida Statutes, is amended to
60 812.174 Training of employees.—
61 (1) The owner or principal operator of a convenience
62 business or convenience businesses shall provide proper robbery
63 deterrence and safety training by an approved curriculum to its
64 retail employees within 60 days after of employment. Existing
65 retail employees shall receive training within 6 months of April
66 8, 1992.
67 (2) A proposed curriculum shall be submitted in writing to
68 the Attorney General, who with an administrative fee not to
69 exceed $100 . The Attorney General shall review and approve or
70 disapprove the curriculum in writing within 60 days after
71 receipt. The state does not incur liability shall have no
72 liability for approving or disapproving a training curriculum
73 under this section. Approval shall be given to a curriculum that
74 which trains and familiarizes retail employees with the security
75 principles, devices, and measures required by s. 812.173.
76 Disapproval of a curriculum is shall be subject to the
77 provisions of chapter 120.
78 (3) A No person is not shall be liable for ordinary
79 negligence if he or she implements due to implementing an
80 approved curriculum and if the training is was actually
81 provided. A curriculum shall be submitted for reapproval
82 biennially with an administrative fee not to exceed $100. Any
83 curriculum approved by the Attorney General since September 1990
84 shall be subject to reapproval 2 years from the anniversary of
85 initial approval and biennially thereafter.
86 Section 4. This act shall take effect July 1, 2015.