1 | Representative Patterson offered the following: |
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3 | Amendment (with title amendment) |
4 | Remove lines 23-58 and insert: |
5 | (1) POPULAR NAME.--This section shall be known by the |
6 | popular name the "Good Samaritan Volunteer Firefighters' |
7 | Assistance Act." |
8 | (2) DEFINITIONS.--As used in this section, the term: |
9 | (a) "Authorized technician" means a technician who is |
10 | certified by the manufacturer of fire control or fire rescue |
11 | equipment as qualified to inspect that equipment. The technician |
12 | may not be employed by the state agency or subdivision |
13 | administering the distribution of the fire control or fire |
14 | rescue equipment. |
15 | (b) "Qualified fire control or fire rescue equipment" |
16 | means equipment used for fire control or fire rescue which has |
17 | been recertified by an authorized technician as meeting the |
18 | manufacturer's specifications and which is distributed by or |
19 | through a state agency or subdivision to a volunteer fire |
20 | department. |
21 | (c) "State agency or subdivision" shall have the meaning |
22 | provided in s. 768.28(2). |
23 | (3) LIMITATION OF LIABILITY.--A state agency or |
24 | subdivision, including an officer, employee, or agent thereof, |
25 | who is acting within the scope of his or her employment or |
26 | function, which donates qualified fire control or fire rescue |
27 | equipment to a volunteer fire department is not liable for civil |
28 | damages under any state law for personal injury, property |
29 | damage, or death proximately caused, after the donation, by a |
30 | defect in the equipment. |
31 | (4) EXCEPTIONS TO LIABILITY PROTECTION.--Subsection (3) |
32 | does not apply to a state agency or subdivision if: |
33 | (a) The defect that proximately caused the personal |
34 | injury, property damage, or death resulted from: |
35 | 1. An act or omission of an officer, employee, or agent of |
36 | the state agency or subdivision which constitutes malice, gross |
37 | negligence, recklessness, or intentional misconduct; or |
38 | 2. A modification or alteration of the qualified fire |
39 | control or fire rescue equipment by the state agency or |
40 | subdivision, or by an officer, employee, or agent thereof, after |
41 | the equipment was recertified by an authorized technician as |
42 | meeting the manufacturer's specifications. |
43 | (b) The state agency or subdivision is the manufacturer of |
44 | the qualified fire control or fire rescue equipment. |
45 |
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46 | Nothing in this section shall be construed as a waiver of |
47 | sovereign immunity. |
48 |
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49 | ================ T I T L E A M E N D M E N T ============= |
50 | Remove lines 9-14 and insert: |
51 | that a state agency or subdivision, or an officer, employee, or |
52 | agent thereof is not liable for civil damages resulting from |
53 | personal injuries, property damage, or death proximately caused |
54 | by defective fire control or fire rescue equipment donated to a |
55 | volunteer fire department; providing certain exceptions to the |
56 | limitation on liability; providing applicability; providing for |
57 | construction; |