Florida Senate - 2016 COMMITTEE AMENDMENT
Bill No. SB 308
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LEGISLATIVE ACTION
Senate . House
Comm: RCS .
11/17/2015 .
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The Committee on Criminal Justice (Brandes) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 768.139, Florida Statutes, is created to
6 read:
7 768.139 Rescue of vulnerable person or domestic animal from
8 a motor vehicle; immunity from civil liability.—
9 (1) DEFINITIONS.—As used in this section, the term:
10 (a) “Domestic animal” means a dog, cat, or other animal
11 that is domesticated and may be kept as a household pet. The
12 term does not include livestock or other farm animals.
13 (b) “Motor vehicle” has the same meaning as provided in s.
14 320.01.
15 (c) “Vulnerable person” means:
16 1. A disabled adult as defined in s. 825.101(3).
17 2. An elderly person as defined in s. 825.101(4).
18 3. A minor.
19 (2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who
20 enters a motor vehicle, by force or otherwise, for the purpose
21 of removing a vulnerable person or domestic animal is immune
22 from civil liability for damages to the motor vehicle if the
23 person:
24 (a) Determines the motor vehicle is locked or there is
25 otherwise no reasonable method for the vulnerable person or
26 domestic animal to exit the motor vehicle without assistance.
27 (b) Has a good faith and reasonable belief, based upon the
28 known circumstances, that entry into the motor vehicle is
29 necessary because the vulnerable person or domestic animal is in
30 imminent danger of suffering harm.
31 (c) Ensures that law enforcement is notified before
32 entering the motor vehicle or immediately thereafter.
33 (d) Uses no more force to enter the motor vehicle and
34 remove the vulnerable person or domestic animal than is
35 necessary.
36 (e) Remains with the vulnerable person or domestic animal
37 in a safe location, in reasonable proximity to the motor
38 vehicle, until law enforcement or other first responder arrives.
39 (3) APPLICABILITY.—This section does not limit or expand
40 any immunity provided under s. 768.13 for the care or treatment
41 of the vulnerable person or domestic animal.
42 Section 2. This act shall take effect upon becoming a law.
43 ================= T I T L E A M E N D M E N T ================
44 And the title is amended as follows:
45 Delete everything before the enacting clause
46 and insert:
47 A bill to be entitled
48 An act relating to unattended persons and animals in
49 motor vehicles; creating s. 768.139, F.S.; providing
50 definitions; providing immunity from civil liability
51 for entry into a motor vehicle to remove a person or
52 animal under certain circumstances; providing for
53 applicability; providing an effective date.