Florida Senate - 2011 SB 450 By Senator Bennett 21-00688-11 2011450__ 1 A bill to be entitled 2 An act relating to emergency management; creating s. 3 252.515, F.S.; providing a short title; providing 4 immunity from civil liability for providers of 5 temporary housing and aid to emergency first 6 responders and their immediate family members 7 following a declared emergency; providing 8 nonapplicability; providing definitions; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Section 252.515, Florida Statutes, is created to 14 read: 15 252.515 Postdisaster Relief Assistance Act; immunity from 16 civil liability.— 17 (1) This act may be cited as the “Postdisaster Relief 18 Assistance Act.” 19 (2)(a)1. Any individual, corporation, or other business 20 entity within the state, including an individual, corporation, 21 or business entity listed in subparagraph 2., who in good faith 22 provides temporary housing, food, water, or electricity to 23 emergency first responders or the immediate family members of 24 emergency first responders during a period of 6 months following 25 the declaration of an emergency by the Governor, either in 26 direct response to an emergency situation related to and arising 27 out of a public health emergency declared pursuant to s. 28 381.00315 or a state of emergency declared pursuant to s. 29 252.36, may not be held liable for any civil damages as a result 30 of providing the temporary housing, food, water, or electricity 31 where the individual, corporation, or business entity acts as an 32 ordinary reasonably prudent person would have acted under the 33 same or similar circumstances. 34 2. As used in this section, the term: 35 a. “Immediate family member” means any parent, spouse, 36 child, or sibling. 37 b. “Individual, corporation, or other business entity 38 within the state” includes, but is not limited to, any: 39 (I) Physician licensed under chapter 458. 40 (II) Osteopathic physician licensed under chapter 459. 41 (III) Chiropractic physician licensed under chapter 460. 42 (IV) Podiatric physician licensed under chapter 461. 43 (V) Dentist licensed under chapter 466. 44 (VI) Advanced registered nurse practitioner certified under 45 s. 464.012. 46 (VII) Physician assistant licensed under s. 458.347 or s. 47 459.022. 48 (VIII) Worker employed by a public or private hospital in 49 the state. 50 (IX) Paramedic as defined in s. 401.23(17). 51 (X) Emergency medical technician as defined in s. 52 401.23(11). 53 (XI) Firefighter as defined in s. 633.30. 54 (XII) Member of the Florida National Guard. 55 (XIII) Other personnel designated as emergency personnel by 56 the Governor pursuant to a declared emergency. 57 (b)1. Any entity, employee thereof, or any individual that 58 annually registers prior to a declared emergency with a county 59 emergency management agency as a housing provider for emergency 60 first responders and who in good faith provides housing, food, 61 water, or electricity for emergency first responders or the 62 immediate family members of emergency first responders where the 63 provision of such housing, food, water, or electricity is 64 necessitated by a sudden or unexpected postemergency situation 65 or occurrence arising as a result of a declared emergency may 66 not be held liable for any civil damages as a result of 67 providing or failing to provide such housing, food, water, or 68 electricity unless such damages result from providing or failing 69 to provide such housing, food, water, or electricity under 70 circumstances demonstrating a reckless disregard for the 71 consequences of another. 72 2. The immunity provided by this paragraph does not apply 73 to damages as a result of any act or omission: 74 a. That occurs more than 6 months after the declaration of 75 an emergency by the Governor, unless the declared state of 76 emergency is extended by the Governor, in which case the 77 immunity provided by this paragraph continues to apply for the 78 duration of the extension; or 79 b. That is unrelated to the original declared emergency or 80 any extension thereof. 81 3. As used in this paragraph, the term “reckless disregard” 82 as it applies to an entity, employee thereof, or individual 83 registered with a county emergency management agency prior to a 84 declared emergency as a provider of housing for emergency first 85 responders and that provides temporary housing, food, water, or 86 electricity during a postdisaster emergency situation shall be 87 such conduct that a reasonable person knew or should have known, 88 at the time such services were provided, would be likely to 89 result in injury so as to affect the life or health of another, 90 taking into account the extent or serious nature of the 91 prevailing circumstances. 92 Section 2. This act shall take effect July 1, 2011.