Florida Senate - 2016                              CS for SB 308
       
       
        
       By the Committee on Criminal Justice; and Senator Benacquisto
       
       
       
       
       
       591-01276-16                                           2016308c1
    1                        A bill to be entitled                      
    2         An act relating to unattended persons and animals in
    3         motor vehicles; creating s. 768.139, F.S.; providing
    4         definitions; providing immunity from civil liability
    5         for entry into a motor vehicle to remove a person or
    6         animal under certain circumstances; providing for
    7         applicability; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 768.139, Florida Statutes, is created to
   12  read:
   13         768.139 Rescue of vulnerable person or domestic animal from
   14  a motor vehicle; immunity from civil liability.—
   15         (1) DEFINITIONS.—As used in this section, the term:
   16         (a) “Domestic animal” means a dog, cat, or other animal
   17  that is domesticated and may be kept as a household pet. The
   18  term does not include livestock or other farm animals.
   19         (b) “Motor vehicle” has the same meaning as provided in s.
   20  320.01.
   21         (c) “Vulnerable person” means:
   22         1. A disabled adult as defined in s. 825.101(3).
   23         2. An elderly person as defined in s. 825.101(4).
   24         3. A minor.
   25         (2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who
   26  enters a motor vehicle, by force or otherwise, for the purpose
   27  of removing a vulnerable person or domestic animal is immune
   28  from civil liability for damages to the motor vehicle if the
   29  person:
   30         (a) Determines the motor vehicle is locked or there is
   31  otherwise no reasonable method for the vulnerable person or
   32  domestic animal to exit the motor vehicle without assistance.
   33         (b) Has a good faith and reasonable belief, based upon the
   34  known circumstances, that entry into the motor vehicle is
   35  necessary because the vulnerable person or domestic animal is in
   36  imminent danger of suffering harm.
   37         (c) Ensures that law enforcement is notified before
   38  entering the motor vehicle or immediately thereafter.
   39         (d) Uses no more force to enter the motor vehicle and
   40  remove the vulnerable person or domestic animal than is
   41  necessary.
   42         (e) Remains with the vulnerable person or domestic animal
   43  in a safe location, in reasonable proximity to the motor
   44  vehicle, until law enforcement or other first responder arrives.
   45         (3) APPLICABILITY.—This section does not limit or expand
   46  any immunity provided under s. 768.13 for the care or treatment
   47  of the vulnerable person or domestic animal.
   48         Section 2. This act shall take effect upon becoming a law.