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.