Amendment
Bill No. 1323
Amendment No. 862997
CHAMBER ACTION
Senate House
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1Representative Patterson offered the following:
2
3     Amendment (with title amendment)
4     Remove lines 23-58 and insert:
5     (1)  POPULAR NAME.--This section shall be known by the
6popular name the "Good Samaritan Volunteer Firefighters'
7Assistance Act."
8     (2)  DEFINITIONS.--As used in this section, the term:
9     (a)  "Authorized technician" means a technician who is
10certified by the manufacturer of fire control or fire rescue
11equipment as qualified to inspect that equipment. The technician
12may not be employed by the state agency or subdivision
13administering the distribution of the fire control or fire
14rescue equipment.
15     (b)  "Qualified fire control or fire rescue equipment"
16means equipment used for fire control or fire rescue which has
17been recertified by an authorized technician as meeting the
18manufacturer's specifications and which is distributed by or
19through a state agency or subdivision to a volunteer fire
20department.
21     (c)  "State agency or subdivision" shall have the meaning
22provided in s. 768.28(2).
23     (3)  LIMITATION OF LIABILITY.--A state agency or
24subdivision, including an officer, employee, or agent thereof,
25who is acting within the scope of his or her employment or
26function, which donates qualified fire control or fire rescue
27equipment to a volunteer fire department is not liable for civil
28damages under any state law for personal injury, property
29damage, or death proximately caused, after the donation, by a
30defect in the equipment.
31     (4)  EXCEPTIONS TO LIABILITY PROTECTION.--Subsection (3)
32does not apply to a state agency or subdivision if:
33     (a)  The defect that proximately caused the personal
34injury, property damage, or death resulted from:
35     1.  An act or omission of an officer, employee, or agent of
36the state agency or subdivision which constitutes malice, gross
37negligence, recklessness, or intentional misconduct; or
38     2.  A modification or alteration of the qualified fire
39control or fire rescue equipment by the state agency or
40subdivision, or by an officer, employee, or agent thereof, after
41the equipment was recertified by an authorized technician as
42meeting the manufacturer's specifications.
43     (b)  The state agency or subdivision is the manufacturer of
44the qualified fire control or fire rescue equipment.
45
46Nothing in this section shall be construed as a waiver of
47sovereign immunity.
48
49================ T I T L E  A M E N D M E N T =============
50     Remove lines 9-14 and insert:
51that a state agency or subdivision, or an officer, employee, or
52agent thereof is not liable for civil damages resulting from
53personal injuries, property damage, or death proximately caused
54by defective fire control or fire rescue equipment donated to a
55volunteer fire department; providing certain exceptions to the
56limitation on liability; providing applicability; providing for
57construction;


CODING: Words stricken are deletions; words underlined are additions.