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.