Senate Bill sb1764

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    Florida Senate - 2004                                  SB 1764

    By Senator Lynn





    7-1289-04

  1                      A bill to be entitled

  2         An act relating to a limitation of liability

  3         for donated firefighting equipment; creating s.

  4         768.1315, F.S.; providing a short title;

  5         providing definitions; providing that a state

  6         agency or political subdivision is not liable

  7         for civil damages resulting from personal

  8         injuries, property damage, or death proximately

  9         caused by defective fire control or fire rescue

10         equipment donated to a volunteer fire

11         department; providing certain exceptions to the

12         limitation on liability; providing an effective

13         date.

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15  Be It Enacted by the Legislature of the State of Florida:

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17         Section 1.  Section 768.1315, Florida Statutes, is

18  created to read:

19         768.1315  Good Samaritan Volunteer Firefighters'

20  Assistance Act; immunity from civil liability.--

21         (1)  SHORT TITLE.--This section may be cited as the

22  "Good Samaritan Volunteer Firefighters' Assistance Act."

23         (2)  DEFINITIONS.--As used in this section, the term:

24         (a)  "Authorized technician" means a technician who is

25  certified by the manufacturer of fire control or fire rescue

26  equipment as qualified to inspect that equipment. The

27  technician need not be employed by the state agency or

28  political subdivision administering the distribution of the

29  fire control or fire rescue equipment.

30         (b)  "Qualified fire control or fire rescue equipment"

31  means equipment used for fire control or fire rescue which has

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    Florida Senate - 2004                                  SB 1764
    7-1289-04




 1  been recertified by an authorized technician as meeting the

 2  manufacturer's specifications and which is distributed by or

 3  through a state agency or political subdivision to a volunteer

 4  fire department.

 5         (3)  LIMITATION OF LIABILITY.--A state agency or

 6  political subdivision, including a person acting as an agent

 7  thereof, which acts reasonably in donating qualified fire

 8  control or fire rescue equipment to a volunteer fire

 9  department is not liable for civil damages under any state law

10  for personal injury, property damage, or death proximately

11  caused, after the donation, by a defect in the equipment.

12         (4)  EXCEPTIONS TO LIABILITY PROTECTION.--Subsection

13  (3) does not apply to a state agency or political subdivision

14  if:

15         (a)  The defect that proximately caused the injury,

16  damage, or death resulted from an act or omission of the state

17  agency or political subdivision which constitutes malice,

18  gross negligence, recklessness, or intentional misconduct;

19         (b)  The state agency or political subdivision is the

20  manufacturer of the qualified fire control or fire rescue

21  equipment; or

22         (c)  The state agency or political subdivision modified

23  or altered the equipment after it had been recertified by an

24  authorized technician as meeting the manufacturer's

25  specifications.

26         Section 2.  This act shall take effect July 1, 2004,

27  and applies to any cause of action that accrues on or after

28  that date.

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    Florida Senate - 2004                                  SB 1764
    7-1289-04




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 2                          SENATE SUMMARY

 3    Provides that a state agency or political subdivision is
      not liable in civil damages for personal injuries,
 4    property damage, or death proximately caused by a defect
      in donated fire control or rescue equipment. Provides
 5    certain exceptions to the limitation on liability. (See
      bill for details.)
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