| 1 | A bill to be entitled |
| 2 | An act relating to emergency management; creating s. |
| 3 | 252.515, F.S.; providing a short title; providing immunity |
| 4 | from civil liability for providers of temporary housing |
| 5 | and aid to emergency first responders and their immediate |
| 6 | family members following a declared emergency; providing |
| 7 | nonapplicability; providing definitions; providing an |
| 8 | effective date. |
| 9 |
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| 10 | Be It Enacted by the Legislature of the State of Florida: |
| 11 |
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| 12 | Section 1. Section 252.515, Florida Statutes, is created |
| 13 | to read: |
| 14 | 252.515 Postdisaster Relief Assistance Act; immunity from |
| 15 | civil liability.- |
| 16 | (1) This act may be cited as the "Postdisaster Relief |
| 17 | Assistance Act." |
| 18 | (2)(a)1. Any individual, corporation, or other business |
| 19 | entity within the state, including an individual, corporation, |
| 20 | or business entity listed in subparagraph 2., who in good faith |
| 21 | provides temporary housing, food, water, or electricity to |
| 22 | emergency first responders or the immediate family members of |
| 23 | emergency first responders during a period of 6 months following |
| 24 | the declaration of an emergency by the Governor, either in |
| 25 | direct response to an emergency situation related to and arising |
| 26 | out of a public health emergency declared pursuant to s. |
| 27 | 381.00315 or a state of emergency declared pursuant to s. |
| 28 | 252.36, may not be held liable for any civil damages as a result |
| 29 | of providing the temporary housing, food, water, or electricity |
| 30 | where the individual, corporation, or business entity acts as an |
| 31 | ordinary reasonably prudent person would have acted under the |
| 32 | same or similar circumstances. |
| 33 | 2. As used in this section, the term: |
| 34 | a. "Immediate family member" means any parent, spouse, |
| 35 | child, or sibling. |
| 36 | b. "Individual, corporation, or other business entity |
| 37 | within the state" includes, but is not limited to, any: |
| 38 | (I) Physician licensed under chapter 458. |
| 39 | (II) Osteopathic physician licensed under chapter 459. |
| 40 | (III) Chiropractic physician licensed under chapter 460. |
| 41 | (IV) Podiatric physician licensed under chapter 461. |
| 42 | (V) Dentist licensed under chapter 466. |
| 43 | (VI) Advanced registered nurse practitioner certified |
| 44 | under s. 464.012. |
| 45 | (VII) Physician assistant licensed under s. 458.347 or s. |
| 46 | 459.022. |
| 47 | (VIII) Worker employed by a public or private hospital in |
| 48 | the state. |
| 49 | (IX) Paramedic as defined in s. 401.23(17). |
| 50 | (X) Emergency medical technician as defined in s. |
| 51 | 401.23(11). |
| 52 | (XI) Firefighter as defined in s. 633.30. |
| 53 | (XII) Member of the Florida National Guard. |
| 54 | (XIII) Other personnel designated as emergency personnel |
| 55 | by the Governor pursuant to a declared emergency. |
| 56 | (b)1. Any entity, employee thereof, or any individual that |
| 57 | annually registers prior to a declared emergency with a county |
| 58 | emergency management agency as a housing provider for emergency |
| 59 | first responders and who in good faith provides housing, food, |
| 60 | water, or electricity for emergency first responders or the |
| 61 | immediate family members of emergency first responders where the |
| 62 | provision of such housing, food, water, or electricity is |
| 63 | necessitated by a sudden or unexpected postemergency situation |
| 64 | or occurrence arising as a result of a declared emergency may |
| 65 | not be held liable for any civil damages as a result of |
| 66 | providing or failing to provide such housing, food, water, or |
| 67 | electricity unless such damages result from providing or failing |
| 68 | to provide such housing, food, water, or electricity under |
| 69 | circumstances demonstrating a reckless disregard for the |
| 70 | consequences of another. |
| 71 | 2. The immunity provided by this paragraph does not apply |
| 72 | to damages as a result of any act or omission: |
| 73 | a. That occurs more than 6 months after the declaration of |
| 74 | an emergency by the Governor, unless the declared state of |
| 75 | emergency is extended by the Governor, in which case the |
| 76 | immunity provided by this paragraph continues to apply for the |
| 77 | duration of the extension; or |
| 78 | b. That is unrelated to the original declared emergency or |
| 79 | any extension thereof. |
| 80 | 3. As used in this paragraph, the term "reckless |
| 81 | disregard" as it applies to an entity, employee thereof, or |
| 82 | individual registered with a county emergency management agency |
| 83 | prior to a declared emergency as a provider of housing for |
| 84 | emergency first responders and that provides temporary housing, |
| 85 | food, water, or electricity during a postdisaster emergency |
| 86 | situation shall be such conduct that a reasonable person knew or |
| 87 | should have known, at the time such services were provided, |
| 88 | would be likely to result in injury so as to affect the life or |
| 89 | health of another, taking into account the extent or serious |
| 90 | nature of the prevailing circumstances. |
| 91 | Section 2. This act shall take effect July 1, 2011. |