1 | A bill to be entitled |
2 | An act relating to a limitation of liability for donated |
3 | firefighting equipment; creating s. 768.1315, F.S.; |
4 | providing a popular name; providing definitions; providing |
5 | that a state agency or political subdivision is not liable |
6 | for civil damages resulting from personal injuries, |
7 | property damage, or death proximately caused by defective |
8 | fire control or fire rescue equipment donated to a |
9 | volunteer fire department; providing certain exceptions to |
10 | the limitation on liability; providing an effective date. |
11 |
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12 | Be It Enacted by the Legislature of the State of Florida: |
13 |
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14 | Section 1. Section 768.1315, Florida Statutes, is created |
15 | to read: |
16 | 768.1315 Good Samaritan Volunteer Firefighters' Assistance |
17 | Act; immunity from civil liability.-- |
18 | (1) SHORT TITLE.--This section shall be known by the |
19 | popular name "Good Samaritan Volunteer Firefighters' Assistance |
20 | Act." |
21 | (2) DEFINITIONS.--As used in this section, the term: |
22 | (a) "Authorized technician" means a technician who is |
23 | certified by the manufacturer of fire control or fire rescue |
24 | equipment as qualified to inspect that equipment. The technician |
25 | need not be employed by the state agency or political |
26 | subdivision administering the distribution of the fire control |
27 | or fire rescue equipment. |
28 | (b) "Qualified fire control or fire rescue equipment" |
29 | means equipment used for fire control or fire rescue which has |
30 | been recertified by an authorized technician as meeting the |
31 | manufacturer's specifications and which is distributed by or |
32 | through a state agency or political subdivision to a volunteer |
33 | fire department. |
34 | (3) LIMITATION OF LIABILITY.--A state agency or political |
35 | subdivision, including a person acting as an agent thereof, |
36 | which acts reasonably in donating qualified fire control or fire |
37 | rescue equipment to a volunteer fire department is not liable |
38 | for civil damages under any state law for personal injury, |
39 | property damage, or death proximately caused, after the |
40 | donation, by a defect in the equipment. |
41 | (4) EXCEPTIONS TO LIABILITY PROTECTION.--Subsection (3) |
42 | does not apply to a state agency or political subdivision if: |
43 | (a) The defect that proximately caused the injury, damage, |
44 | or death resulted from an act or omission of the state agency or |
45 | political subdivision which constitutes malice, gross |
46 | negligence, recklessness, or intentional misconduct; |
47 | (b) The state agency or political subdivision is the |
48 | manufacturer of the qualified fire control or fire rescue |
49 | equipment; or |
50 | (c) The state agency or political subdivision modified or |
51 | altered the equipment after it had been recertified by an |
52 | authorized technician as meeting the manufacturer's |
53 | specifications. |
54 | Section 2. This act shall take effect July 1, 2004, and |
55 | applies to any cause of action that accrues on or after that |
56 | date. |