HB 1323

1
A bill to be entitled
2An act relating to a limitation of liability for donated
3firefighting equipment; creating s. 768.1315, F.S.;
4providing a popular name; providing definitions; providing
5that a state agency or political subdivision is not liable
6for civil damages resulting from personal injuries,
7property damage, or death proximately caused by defective
8fire control or fire rescue equipment donated to a
9volunteer fire department; providing certain exceptions to
10the limitation on liability; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 768.1315, Florida Statutes, is created
15to read:
16     768.1315  Good Samaritan Volunteer Firefighters' Assistance
17Act; immunity from civil liability.--
18     (1)  SHORT TITLE.--This section shall be known by the
19popular name "Good Samaritan Volunteer Firefighters' Assistance
20Act."
21     (2)  DEFINITIONS.--As used in this section, the term:
22     (a)  "Authorized technician" means a technician who is
23certified by the manufacturer of fire control or fire rescue
24equipment as qualified to inspect that equipment. The technician
25need not be employed by the state agency or political
26subdivision administering the distribution of the fire control
27or fire rescue equipment.
28     (b)  "Qualified fire control or fire rescue equipment"
29means equipment used for fire control or fire rescue which has
30been recertified by an authorized technician as meeting the
31manufacturer's specifications and which is distributed by or
32through a state agency or political subdivision to a volunteer
33fire department.
34     (3)  LIMITATION OF LIABILITY.--A state agency or political
35subdivision, including a person acting as an agent thereof,
36which acts reasonably in donating qualified fire control or fire
37rescue equipment to a volunteer fire department is not liable
38for civil damages under any state law for personal injury,
39property damage, or death proximately caused, after the
40donation, by a defect in the equipment.
41     (4)  EXCEPTIONS TO LIABILITY PROTECTION.--Subsection (3)
42does not apply to a state agency or political subdivision if:
43     (a)  The defect that proximately caused the injury, damage,
44or death resulted from an act or omission of the state agency or
45political subdivision which constitutes malice, gross
46negligence, recklessness, or intentional misconduct;
47     (b)  The state agency or political subdivision is the
48manufacturer of the qualified fire control or fire rescue
49equipment; or
50     (c)  The state agency or political subdivision modified or
51altered the equipment after it had been recertified by an
52authorized technician as meeting the manufacturer's
53specifications.
54     Section 2.  This act shall take effect July 1, 2004, and
55applies to any cause of action that accrues on or after that
56date.


CODING: Words stricken are deletions; words underlined are additions.