SENATE AMENDMENT

    Bill No. CS for SB 198

    Amendment No. 1

                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Fiscal Policy recommended the following

12  amendment:

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14         Senate Amendment (with title amendment) 

15         On page 21, line 3, through page 42, line 3, delete

16  those lines

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18  and insert:  Section 252.51, Florida Statutes, is amended to

19  read:

20         Section 8.

21         252.51  Liability.--Any person or organization, public

22  or private, owning or controlling real estate or other

23  premises who voluntarily and without compensation other than

24  payment or reimbursement of costs and expenses,  grants a

25  license or privilege or otherwise permits the designation by

26  the local emergency management agency or use of the whole or

27  any part of such real estate or premises for the purpose of

28  sheltering persons during an actual, impending, mock, or

29  practice emergency, together with her or his successor in

30  interest, if any, shall not be liable for the death of, or

31  injury to, any person on or about such real estate or premises

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 198

    Amendment No. 1





 1  during the actual, impending, mock, or practice emergency, or

 2  for loss of, or damage to, the property of such person, solely

 3  by reason or as a result of such license, privilege,

 4  designation, or use, unless the gross negligence or the

 5  willful and wanton misconduct of such person owning or

 6  controlling such real estate or premises or her or his

 7  successor in interest is the proximate cause of such death,

 8  injury, loss, or damage occurring during such sheltering

 9  period. Any such person or organization who provides such

10  shelter space for compensation shall be deemed to be an

11  instrumentality of the state or its applicable agency or

12  subdivision for the purposes of s. 768.28.

13         Section 9.  This act shall take effect July 1, 2000.

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16  ================ T I T L E   A M E N D M E N T ===============

17  And the title is amended as follows:

18         On page 2, line 28,through page 4,line 27, delete those

19  lines

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21  and insert:

22         certain circumstances;

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