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.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Section 252.515, Florida Statutes, is created to
   14  read:
   15         252.515Postdisaster 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.