Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 450
       
       
       
       
       
       
                                Barcode 966938                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2011           .                                
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       The Committee on Military Affairs, Space, and Domestic Security
       (Bennett) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 252.515, Florida Statutes, is created to
    6  read:
    7         252.515 Postdisaster Relief Assistance Act; immunity from
    8  civil liability.—
    9         (1) This act may be cited as the “Postdisaster Relief
   10  Assistance Act.”
   11         (2) Any person who gratuitously and in good faith provides
   12  temporary housing, food, water, or electricity to emergency
   13  first responders or the immediate family members of emergency
   14  first responders in response to an emergency situation related
   15  to and arising out of a public health emergency declared
   16  pursuant to s. 381.00315 or a state of emergency declared
   17  pursuant to s. 252.36, may not be held liable for any civil
   18  damages as a result of providing the temporary housing, food,
   19  water, or electricity unless the person acts in a manner that
   20  demonstrates a reckless disregard for the consequences of
   21  another.
   22         (3) As used in this section, the term:
   23         (a) “Emergency first responder” means:
   24         1. A physician licensed under chapter 458.
   25         2. An osteopathic physician licensed under chapter 459.
   26         3. A chiropractic physician licensed under chapter 460.
   27         4. A podiatric physician licensed under chapter 461.
   28         5. A dentist licensed under chapter 466.
   29         6. An advanced registered nurse practitioner certified
   30  under s. 464.012.
   31         7. A physician assistant licensed under s. 458.347 or s.
   32  459.022.
   33         8. A worker employed by a public or private hospital in the
   34  state.
   35         9. A paramedic as defined in s. 401.23(17).
   36         10. An emergency medical technician as defined in s.
   37  401.23(11).
   38         11. A firefighter as defined in s. 633.30.
   39         12. A law enforcement officer as defined in s. 943.10.
   40         13. A member of the Florida National Guard.
   41         14. Any other personnel designated as emergency personnel
   42  by the Governor pursuant to a declared emergency.
   43         (b) “Immediate family member” means any parent, spouse,
   44  child, or sibling.
   45         (4) The immunity provided by this section does not apply to
   46  damages as a result of any act or omission:
   47         (a) That occurs more than 6 months after the declaration of
   48  an emergency by the Governor, unless the declared state of
   49  emergency is extended by the Governor, in which case the
   50  immunity provided by this section continues to apply for the
   51  duration of the extension and 6 months thereafter; or
   52         (b) That is unrelated to the original declared emergency or
   53  any extension thereof.
   54         (5) As used in this section, the term “reckless disregard”
   55  means such conduct that a reasonable person knew or should have
   56  known at the time such services were provided, would be likely
   57  to result in injury so as to affect the life or health of
   58  another, taking into account the extent or serious nature of the
   59  prevailing circumstances.
   60         (6) A person may register with a county emergency
   61  management agency as a temporary provider of housing, food,
   62  water, or electricity for emergency first responders if the
   63  county provides for such registration. A person who has
   64  registered with a county emergency management agency as a
   65  provider of temporary housing, food, water, or electricity to
   66  emergency first responders or the immediate family members of
   67  emergency first responders is presumed to have acted in good
   68  faith in providing such housing, food, water, or electricity.
   69         Section 2. This act shall take effect July 1, 2011.
   70  
   71  ================= T I T L E  A M E N D M E N T ================
   72         And the title is amended as follows:
   73         Delete everything before the enacting clause
   74  and insert:
   75                        A bill to be entitled                      
   76         An act relating to emergency management; creating s.
   77         252.515, F.S.; providing a short title; providing
   78         immunity from civil liability for providers of
   79         temporary housing and aid to emergency first
   80         responders and their immediate family members
   81         following a declared emergency; providing definitions;
   82         providing nonapplicability; authorizing specified
   83         registration with a county emergency management agency
   84         as a provider of housing and aid for emergency first
   85         responders; providing an effective date.