Florida Senate - 2016                       CS for CS for SB 308
       
       
        
       By the Committees on Judiciary; and Criminal Justice; and
       Senator Benacquisto
       
       
       
       
       590-01779-16                                           2016308c2
    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 related to the rescue
    6         of a person or an animal under certain circumstances;
    7         providing 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” has the same meaning as provided in
   22  s. 435.02.
   23         (2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who
   24  enters a motor vehicle, by force or otherwise, for the purpose
   25  of removing a vulnerable person or domestic animal is immune
   26  from civil liability for damages to the motor vehicle if the
   27  person:
   28         (a) Determines the motor vehicle is locked or there is
   29  otherwise no reasonable method for the vulnerable person or
   30  domestic animal to exit the motor vehicle without assistance.
   31         (b) Has a good faith and reasonable belief, based upon the
   32  known circumstances, that entry into the motor vehicle is
   33  necessary because the vulnerable person or domestic animal is in
   34  imminent danger of suffering harm.
   35         (c) Ensures that law enforcement is notified or 911 is
   36  called before entering the motor vehicle or immediately
   37  thereafter.
   38         (d) Uses no more force to enter the motor vehicle and
   39  remove the vulnerable person or domestic animal than is
   40  necessary.
   41         (e) Remains with the vulnerable person or domestic animal
   42  in a safe location, in reasonable proximity to the motor
   43  vehicle, until law enforcement or other first responder arrives.
   44         (3) APPLICABILITY.—This section does not limit or expand
   45  any immunity provided under s. 768.13 for the care or treatment
   46  of the vulnerable person or domestic animal.
   47         Section 2. This act shall take effect upon becoming a law.