Bill Text: FL S1302 | 2016 | Regular Session | Introduced
Bill Title: Convenience Businesses
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Appropriations Subcommittee on Criminal and Civil Justice [S1302 Detail]
Download: Florida-2016-S1302-Introduced.html
Florida Senate - 2016 SB 1302
By Senator Legg
17-01499-16 20161302__
1 A bill to be entitled
2 An act relating to convenience businesses; amending s.
3 812.171, F.S.; revising the definition of the term
4 “convenience business”; amending s. 812.173, F.S.;
5 revising the dollar amount that a convenience business
6 must post on a conspicuous notice at the entrance;
7 exempting convenience businesses from specified
8 requirements under certain circumstances; amending s.
9 812.174, F.S.; deleting an obsolete provision;
10 deleting the administrative fee for a convenience
11 business’ proposed training curriculum; deleting
12 provisions requiring the periodic reapproval of a
13 training curriculum and the accompanying
14 administrative fee; reenacting s. 893.13(1)(e), F.S.,
15 relating to prohibited acts and penalties, to
16 incorporate the amendment made to s. 812.171, F.S., in
17 a reference thereto; reenacting ss. 768.0705,
18 812.1725, and 812.176, F.S., relating to limitation on
19 premises liability, preemption, and rulemaking
20 authority, respectively, to incorporate the amendments
21 made to ss. 812.173 and 812.174, F.S., in references
22 thereto; providing an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 812.171, Florida Statutes, is amended to
27 read:
28 812.171 Definition.—As used in this act, the term
29 “convenience business” means any place of business that is
30 primarily engaged in the retail sale of groceries, or both
31 groceries and gasoline, and that is open for business at any
32 time between the hours of 11 p.m. and 5 a.m. The term
33 “convenience business” does not include:
34 (1) A business that is solely or primarily a restaurant.
35 (2) A business that always has at least five employees on
36 the premises after 11 p.m. and before 5 a.m.
37 (3) A business that has at least 10,000 square feet of
38 retail floor space.
39
40 The term “convenience business” does not include any business in
41 which the owner or members of his or her family work between the
42 hours of 11 p.m. and 5 a.m.
43 Section 2. Subsection (1) of section 812.173, Florida
44 Statutes, is amended, present subsection (5) of that section is
45 redesignated as subsection (6), and a new subsection (5) is
46 added to that section, to read:
47 812.173 Convenience business security.—
48 (1) Every convenience business shall be equipped with the
49 following security devices and standards:
50 (a) A security camera system capable of recording and
51 retrieving an image to assist in offender identification and
52 apprehension.
53 (b) A drop safe or cash management device for restricted
54 access to cash receipts.
55 (c) A lighted parking lot illuminated at an intensity of at
56 least 2 foot-candles per square foot at 18 inches above the
57 surface.
58 (d) A conspicuous notice at the entrance which states that
59 the cash register contains $100 $50 or less.
60 (e) Window signage that allows a clear and unobstructed
61 view from outside the building and in a normal line of sight of
62 the cash register and sales transaction area.
63 (f) Height markers at the entrance of the convenience
64 business which display height measures.
65 (g) A cash management policy to limit the cash on hand at
66 all times after 11 p.m.
67 (5) The security devices, standards, and measures required
68 by subsections (1)-(4) do not apply to a convenience business in
69 which the owner or members of the owner’s immediate family work
70 on the premises of the convenience business between the hours of
71 11 p.m. and 5 a.m.
72 Section 3. Section 812.174, Florida Statutes, is amended to
73 read:
74 812.174 Training of employees.—
75 (1) The owner or principal operator of a convenience
76 business or convenience businesses shall provide proper robbery
77 deterrence and safety training by an approved curriculum to its
78 retail employees within 60 days after of employment. Existing
79 retail employees shall receive training within 6 months of April
80 8, 1992.
81 (2) A proposed curriculum shall be submitted in writing to
82 the Attorney General with an administrative fee not to exceed
83 $100. The Attorney General shall review and approve or
84 disapprove the curriculum in writing within 60 days after
85 receipt. The state shall have no liability for approving or
86 disapproving a training curriculum under this section. Approval
87 shall be given to a curriculum that which trains and
88 familiarizes retail employees with the security principles,
89 devices, and measures required by s. 812.173. Disapproval of a
90 curriculum shall be subject to the provisions of chapter 120.
91 (3) A No person is not shall be liable for ordinary
92 negligence due to implementing an approved curriculum if the
93 training was actually provided. A curriculum shall be submitted
94 for reapproval biennially with an administrative fee not to
95 exceed $100. Any curriculum approved by the Attorney General
96 since September 1990 shall be subject to reapproval 2 years from
97 the anniversary of initial approval and biennially thereafter.
98 Section 4. For the purpose of incorporating the amendment
99 made by this act to section 812.171, Florida Statutes, in a
100 reference thereto, paragraph (e) of subsection (1) of section
101 893.13, Florida Statutes, is reenacted to read:
102 893.13 Prohibited acts; penalties.—
103 (1)
104 (e) Except as authorized by this chapter, a person may not
105 sell, manufacture, or deliver, or possess with intent to sell,
106 manufacture, or deliver, a controlled substance not authorized
107 by law in, on, or within 1,000 feet of a physical place for
108 worship at which a church or religious organization regularly
109 conducts religious services or within 1,000 feet of a
110 convenience business as defined in s. 812.171. A person who
111 violates this paragraph with respect to:
112 1. A controlled substance named or described in s.
113 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)4.
114 commits a felony of the first degree, punishable as provided in
115 s. 775.082, s. 775.083, or s. 775.084.
116 2. A controlled substance named or described in s.
117 893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)5., (2)(c)6.,
118 (2)(c)7., (2)(c)8., (2)(c)9., (3), or (4) commits a felony of
119 the second degree, punishable as provided in s. 775.082, s.
120 775.083, or s. 775.084.
121 3. Any other controlled substance, except as lawfully sold,
122 manufactured, or delivered, must be sentenced to pay a $500 fine
123 and to serve 100 hours of public service in addition to any
124 other penalty prescribed by law.
125 Section 5. For the purpose of incorporating the amendments
126 made by this act to sections 812.173 and 812.174, Florida
127 Statutes, in references thereto, section 768.0705, Florida
128 Statutes, is reenacted to read:
129 768.0705 Limitation on premises liability.—The owner or
130 operator of a convenience business that substantially implements
131 the applicable security measures listed in ss. 812.173 and
132 812.174 shall gain a presumption against liability in connection
133 with criminal acts that occur on the premises and that are
134 committed by third parties who are not employees or agents of
135 the owner or operator of the convenience business.
136 Section 6. For the purpose of incorporating the amendments
137 made by this act to sections 812.173 and 812.174, Florida
138 Statutes, in references thereto, section 812.1725, Florida
139 Statutes, is reenacted to read:
140 812.1725 Preemption.—A political subdivision of this state
141 may not adopt, for convenience businesses, security standards
142 which differ from those contained in ss. 812.173 and 812.174,
143 and all such differing standards, whether existing or proposed,
144 are hereby preempted and superseded by general law.
145 Section 7. For the purpose of incorporating the amendments
146 made by this act to sections 812.173 and 812.174, Florida
147 Statutes, in references thereto, section 812.176, Florida
148 Statutes, is reenacted to read:
149 812.176 Rulemaking authority.—The Department of Legal
150 Affairs shall have the power to adopt rules pursuant to chapter
151 120 as necessary to implement the provisions of the Convenience
152 Business Security Act. The security measures and training
153 provisions of ss. 812.173 and 812.174 shall meet the
154 requirements of the department as set forth by rule.
155 Section 8. This act shall take effect May 1, 2016.
