Florida Senate - 2016                                     SB 308
       
       
        
       By Senator Benacquisto
       
       
       
       
       
       30-00446-16                                            2016308__
    1                        A bill to be entitled                      
    2         An act relating to persons or domestic animals
    3         unattended in motor vehicles; amending s. 768.13,
    4         F.S.; providing immunity from civil liability for
    5         forcible entry into a motor vehicle to remove an
    6         elderly person, disabled adult, minor, or domestic
    7         animal in certain circumstances; providing a
    8         definition; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (4) is added to section 768.13,
   13  Florida Statutes, to read:
   14         768.13 Good Samaritan Act; immunity from civil liability.—
   15         (4)(a) A person is immune from civil liability for any
   16  damage resulting from the forcible entry of a motor vehicle for
   17  the purpose of removing an elderly person or a disabled adult,
   18  as those terms are defined in s. 825.101, a minor, or a domestic
   19  animal from the vehicle if the person:
   20         1. Determines that the vehicle is locked or there is
   21  otherwise no reasonable method for the elderly person, disabled
   22  adult, minor, or domestic animal to exit the vehicle.
   23         2. Has a good faith belief that forcible entry into the
   24  vehicle is necessary because the elderly person, disabled adult,
   25  minor, or domestic animal is in imminent danger of suffering
   26  harm if not immediately removed from the vehicle and, based upon
   27  the circumstances known to the person at the time, the belief is
   28  a reasonable one.
   29         3. Contacts a local law enforcement agency, fire
   30  department, or 911 operator before forcibly entering the
   31  vehicle.
   32         4. Remains with the elderly person, disabled adult, minor,
   33  or domestic animal in a safe location but reasonably close to
   34  the vehicle, until a law enforcement officer, firefighter, or
   35  other first responder arrives.
   36         5. Uses no more force to enter the vehicle and remove the
   37  elderly person, disabled adult, minor, or domestic animal from
   38  the vehicle than necessary under the circumstances.
   39         (b) As used in this subsection, the term “domestic animal”
   40  means a dog, cat, or other animal that is domesticated and kept
   41  as a household pet, but does not include livestock or other farm
   42  animals.
   43         Section 2. This act shall take effect upon becoming a law.