Florida Senate - 2011 SB 450
By Senator Bennett
21-00688-11 2011450__
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
4 immunity from civil liability for providers of
5 temporary housing and aid to emergency first
6 responders and their immediate family members
7 following a declared emergency; providing
8 nonapplicability; providing definitions; providing an
9 effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Section 252.515, Florida Statutes, is created to
14 read:
15 252.515 Postdisaster Relief Assistance Act; immunity from
16 civil liability.—
17 (1) This act may be cited as the “Postdisaster Relief
18 Assistance Act.”
19 (2)(a)1. Any individual, corporation, or other business
20 entity within the state, including an individual, corporation,
21 or business entity listed in subparagraph 2., who in good faith
22 provides temporary housing, food, water, or electricity to
23 emergency first responders or the immediate family members of
24 emergency first responders during a period of 6 months following
25 the declaration of an emergency by the Governor, either in
26 direct response to an emergency situation related to and arising
27 out of a public health emergency declared pursuant to s.
28 381.00315 or a state of emergency declared pursuant to s.
29 252.36, may not be held liable for any civil damages as a result
30 of providing the temporary housing, food, water, or electricity
31 where the individual, corporation, or business entity acts as an
32 ordinary reasonably prudent person would have acted under the
33 same or similar circumstances.
34 2. As used in this section, the term:
35 a. “Immediate family member” means any parent, spouse,
36 child, or sibling.
37 b. “Individual, corporation, or other business entity
38 within the state” includes, but is not limited to, any:
39 (I) Physician licensed under chapter 458.
40 (II) Osteopathic physician licensed under chapter 459.
41 (III) Chiropractic physician licensed under chapter 460.
42 (IV) Podiatric physician licensed under chapter 461.
43 (V) Dentist licensed under chapter 466.
44 (VI) Advanced registered nurse practitioner certified under
45 s. 464.012.
46 (VII) Physician assistant licensed under s. 458.347 or s.
47 459.022.
48 (VIII) Worker employed by a public or private hospital in
49 the state.
50 (IX) Paramedic as defined in s. 401.23(17).
51 (X) Emergency medical technician as defined in s.
52 401.23(11).
53 (XI) Firefighter as defined in s. 633.30.
54 (XII) Member of the Florida National Guard.
55 (XIII) Other personnel designated as emergency personnel by
56 the Governor pursuant to a declared emergency.
57 (b)1. Any entity, employee thereof, or any individual that
58 annually registers prior to a declared emergency with a county
59 emergency management agency as a housing provider for emergency
60 first responders and who in good faith provides housing, food,
61 water, or electricity for emergency first responders or the
62 immediate family members of emergency first responders where the
63 provision of such housing, food, water, or electricity is
64 necessitated by a sudden or unexpected postemergency situation
65 or occurrence arising as a result of a declared emergency may
66 not be held liable for any civil damages as a result of
67 providing or failing to provide such housing, food, water, or
68 electricity unless such damages result from providing or failing
69 to provide such housing, food, water, or electricity under
70 circumstances demonstrating a reckless disregard for the
71 consequences of another.
72 2. The immunity provided by this paragraph does not apply
73 to damages as a result of any act or omission:
74 a. That occurs more than 6 months after the declaration of
75 an emergency by the Governor, unless the declared state of
76 emergency is extended by the Governor, in which case the
77 immunity provided by this paragraph continues to apply for the
78 duration of the extension; or
79 b. That is unrelated to the original declared emergency or
80 any extension thereof.
81 3. As used in this paragraph, the term “reckless disregard”
82 as it applies to an entity, employee thereof, or individual
83 registered with a county emergency management agency prior to a
84 declared emergency as a provider of housing for emergency first
85 responders and that provides temporary housing, food, water, or
86 electricity during a postdisaster emergency situation shall be
87 such conduct that a reasonable person knew or should have known,
88 at the time such services were provided, would be likely to
89 result in injury so as to affect the life or health of another,
90 taking into account the extent or serious nature of the
91 prevailing circumstances.
92 Section 2. This act shall take effect July 1, 2011.