In enacting Fla. Stat. § 768.0755, the Florida legislature specifically repealed the language of Fla. Stat. 768.0710, which had allowed a plaintiff to establish a claim for relief by showing a negligent mode of operation without the showing of actual or constructive knowledge. In interpreting § 768.0755, this Court must “strive to effectuate the legislature’s intent” beginning with the plain language of the statute.

Id. In Woodman v. Bravo Brio Rest. Grp., Inc., 2015 U.S. Dist. LEXIS 52375 (M.D. Fla. Apr. 21, 2015), the District Court held that Section 768.0755 has clearly eliminated the mode of operation theory as a basis for recovery in slip-and-fall cases and a plaintiff may not pursue a claim on this basis; the Court held that a plaintiff's claim based upon the negligent mode of operation theory is "immaterial, impertinent, or scandalous" and subject to being stricken. Id. In the current lawsuit, Plaintiff has asserted negligent mode of operation theories and such a cause of action should be dismissed with

the District Court held that Section 768.0755 has clearly eliminated the mode of operation theory as a basis for recovery in slip-and-fall cases and a plaintiff may not pursue a claim on this basis; the Court held that a plaintiff's claim based upon the negligent mode of operation theory is "immaterial, Case 2:16-cv-00851-UA-CM Document 8 Filed 12/01/16 Page 10 of 14 PageID 97

D. It would be reversible error for this Court to add language to § 768.0755, Fla. Stat. as requested by Defendant. Defendant has essentially asked this Court to add the language contained in the Bill Analysis and Fiscal Impact Statement into section 768.