Florida Senate - 2011                              CS for SB 450
       By the Committee on Military Affairs, Space, and Domestic
       Security; and Senator Bennett
       583-02366-11                                           2011450c1
    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 definitions;
    8         providing nonapplicability; authorizing specified
    9         registration with a county emergency management agency
   10         as a provider of housing and aid for emergency first
   11         responders; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 252.515, Florida Statutes, is created to
   16  read:
   17         252.515Postdisaster Relief Assistance Act; immunity from
   18  civil liability.—
   19         (1) This section may be cited as the “Postdisaster Relief
   20  Assistance Act.”
   21         (2) Any person who gratuitously and in good faith provides
   22  temporary housing, food, water, or electricity to emergency
   23  first responders or the immediate family members of emergency
   24  first responders in response to an emergency situation related
   25  to and arising out of a public health emergency declared
   26  pursuant to s. 381.00315 or a state of emergency declared
   27  pursuant to s. 252.36 may not be held liable for any civil
   28  damages as a result of providing the temporary housing, food,
   29  water, or electricity unless the person acts in a manner that
   30  demonstrates a reckless disregard for the consequences of
   31  another.
   32         (3) As used in this section, the term:
   33         (a) “Emergency first responder” means:
   34         1. A physician licensed under chapter 458.
   35         2. An osteopathic physician licensed under chapter 459.
   36         3. A chiropractic physician licensed under chapter 460.
   37         4. A podiatric physician licensed under chapter 461.
   38         5. A dentist licensed under chapter 466.
   39         6. An advanced registered nurse practitioner certified
   40  under s. 464.012.
   41         7. A physician assistant licensed under s. 458.347 or s.
   42  459.022.
   43         8. A worker employed by a public or private hospital in the
   44  state.
   45         9. A paramedic as defined in s. 401.23(17).
   46         10. An emergency medical technician as defined in s.
   47  401.23(11).
   48         11. A firefighter as defined in s. 633.30.
   49         12. A law enforcement officer as defined in s. 943.10.
   50         13. A member of the Florida National Guard.
   51         14. Any other personnel designated as emergency personnel
   52  by the Governor pursuant to a declared emergency.
   53         (b) “Immediate family member” means any parent, spouse,
   54  child, or sibling.
   55         (4) The immunity provided by this section does not apply to
   56  damages as a result of any act or omission:
   57         (a) That occurs more than 6 months after the declaration of
   58  an emergency by the Governor, unless the declared state of
   59  emergency is extended by the Governor, in which case the
   60  immunity provided by this section continues to apply for the
   61  duration of the extension and 6 months thereafter; or
   62         (b) That is unrelated to the original declared emergency or
   63  any extension thereof.
   64         (5) As used in this section, the term “reckless disregard”
   65  means conduct that a reasonable person knew or should have known
   66  at the time such services were provided would likely result in
   67  injury so as to affect the life or health of another, taking
   68  into account the extent or serious nature of the prevailing
   69  circumstances.
   70         (6) A person may register with a county emergency
   71  management agency as a temporary provider of housing, food,
   72  water, or electricity for emergency first responders if the
   73  county provides for such registration. A person who has
   74  registered with a county emergency management agency as a
   75  provider of temporary housing, food, water, or electricity to
   76  emergency first responders or the immediate family members of
   77  emergency first responders is presumed to have acted in good
   78  faith in providing such housing, food, water, or electricity.
   79         Section 2. This act shall take effect July 1, 2011.