Florida Senate - 2011                                     SB 930
       
       
       
       By Senator Lynn
       
       
       
       
       7-00975A-11                                            2011930__
    1                        A bill to be entitled                      
    2         An act relating to the protection of volunteers;
    3         amending s. 768.1355, F.S.; clarifying that in order
    4         to fall under the protection of the Florida Volunteer
    5         Protection Act, a person performing a service for a
    6         nonprofit organization may not receive compensation
    7         from the nonprofit organization for that service,
    8         regardless of whether the person is receiving
    9         compensation from another source; providing an
   10         effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Subsection (1) of section 768.1355, Florida
   15  Statutes, is amended to read:
   16         768.1355 Florida Volunteer Protection Act.—
   17         (1) Any person who volunteers to perform any service for
   18  any nonprofit organization, including an officer or director of
   19  such organization, without compensation from the nonprofit
   20  organization, regardless of whether the person is receiving
   21  compensation from another source, except reimbursement for
   22  actual expenses, shall be considered an agent of such nonprofit
   23  organization when acting within the scope of any official duties
   24  performed under such volunteer services. Such person, and the
   25  source that provides compensation, shall incur no civil
   26  liability for any act or omission by such person which results
   27  in personal injury or property damage if:
   28         (a) Such person was acting in good faith within the scope
   29  of any official duties performed under such volunteer service
   30  and such person was acting as an ordinary reasonably prudent
   31  person would have acted under the same or similar circumstances;
   32  and
   33         (b) The injury or damage was not caused by any wanton or
   34  willful misconduct on the part of such person in the performance
   35  of such duties.
   36         1. For purposes of this act, the term “nonprofit
   37  organization” means any organization which is exempt from
   38  taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or
   39  local governmental entity.
   40         2. For purposes of this act, the term “compensation” does
   41  not include a stipend as provided by the Domestic Service
   42  Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other
   43  financial assistance, valued at less than two-thirds of the
   44  federal hourly minimum wage standard, paid to a person who would
   45  otherwise be financially unable to provide the volunteer
   46  service.
   47         Section 2. This act shall take effect July 1, 2011.