Florida Senate - 2018                                     SB 516
       
       
        
       By Senator Mayfield
       
       
       
       
       
       17-00426A-18                                           2018516__
    1                        A bill to be entitled                      
    2         An act relating to duty to provide emergency
    3         assistance; creating s. 877.28, F.S.; defining the
    4         term “endangered person”; requiring a person at the
    5         scene of an emergency to provide reasonable assistance
    6         to an endangered person; providing a criminal penalty;
    7         providing increased criminal penalties under certain
    8         circumstances; requiring a court to impose community
    9         service; providing immunity from liability for
   10         providing reasonable assistance; providing
   11         construction; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 877.28, Florida Statutes, is created to
   16  read:
   17         877.28 Failure to provide reasonable assistance at scene of
   18  emergency; penalty; immunity from civil liability;
   19  construction.—
   20         (1) As used in this section, the term “endangered person”
   21  means a person who is in imminent danger of, or who has
   22  suffered, grave physical harm.
   23         (2)(a) A person at the scene of an emergency who knows that
   24  another person at the scene of the emergency is an endangered
   25  person shall, to the extent that he or she is able and can do so
   26  without danger or peril to himself, herself, or others, provide
   27  reasonable assistance to the endangered person, unless the
   28  person knows that such assistance is already being provided by
   29  another person. Reasonable assistance may include, but is not
   30  limited to, obtaining or attempting to obtain aid from an
   31  emergency medical care provider, a firefighter, or a law
   32  enforcement officer, as those terms are defined in s. 784.07.
   33         (b) A person who violates paragraph (a) commits a
   34  misdemeanor of the first degree, punishable as provided in s.
   35  775.082 or by a fine of up to $10,000, or both. However, a
   36  person who, in the course of committing a violation of paragraph
   37  (a), videotapes or otherwise electronically records the
   38  endangered person and uploads the recording to a social media or
   39  social networking website, commits a felony of the third degree,
   40  punishable as provided in s. 775.082 or by a fine of up to
   41  $10,000, or both. In addition to any other penalty, the court
   42  shall order a person who violates paragraph (a) to serve up to
   43  100 hours of community service.
   44         (3) A person who complies with subsection (2) and provides
   45  reasonable assistance, excluding emergency care or treatment, is
   46  not liable for civil damages for any injury that arises out of
   47  the provision of such assistance. To the extent provided in s.
   48  768.13, a person who, in compliance with this section, provides
   49  reasonable assistance by providing emergency care or treatment
   50  is not liable for civil damages for such assistance.
   51         (4) The statutory duty of a person to provide reasonable
   52  assistance in compliance with subsection (2) may not be
   53  construed as extending to information that is provided in
   54  obtaining or attempting to obtain aid which would violate the
   55  privilege of such person against self-incrimination.
   56         Section 2. This act shall take effect October 1, 2018.