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The Florida Senate

2016 Florida Statutes

Title XLV TORTS
Chapter 768 NEGLIGENCE Entire Chapter
SECTION 139
Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.
F.S. 768.139
768.139 Rescue of vulnerable person or domestic animal from a motor vehicle; immunity from civil liability.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Domestic animal” means a dog, cat, or other animal that is domesticated and may be kept as a household pet. The term does not include livestock or other farm animals.
(b) “Motor vehicle” has the same meaning as provided in s. 320.01.
(c) “Vulnerable person” has the same meaning as provided in s. 435.02.
(2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who enters a motor vehicle, by force or otherwise, for the purpose of removing a vulnerable person or domestic animal is immune from civil liability for damage to the motor vehicle if the person:
(a) Determines the motor vehicle is locked or there is otherwise no reasonable method for the vulnerable person or domestic animal to exit the motor vehicle without assistance.
(b) Has a good faith and reasonable belief, based upon the known circumstances, that entry into the motor vehicle is necessary because the vulnerable person or domestic animal is in imminent danger of suffering harm.
(c) Ensures that law enforcement is notified or 911 called before entering the motor vehicle or immediately thereafter.
(d) Uses no more force to enter the motor vehicle and remove the vulnerable person or domestic animal than is necessary.
(e) Remains with the vulnerable person or domestic animal in a safe location, in reasonable proximity to the motor vehicle, until law enforcement or other first responder arrives.
(3) APPLICABILITY.—This section does not limit or expand any immunity provided under s. 768.13 for the care or treatment of the vulnerable person or domestic animal.
History.—s. 1, ch. 2016-18.