| 1 | A bill to be entitled |
| 2 | An act relating to the protection of volunteers; amending |
| 3 | s. 768.1355, F.S.; clarifying that in order to fall under |
| 4 | the protection of the Florida Volunteer Protection Act, a |
| 5 | person performing a service for a nonprofit organization |
| 6 | may not receive compensation from the nonprofit |
| 7 | organization for that service, regardless of whether the |
| 8 | person is receiving compensation from another source; |
| 9 | providing an exception; providing for application of the |
| 10 | act; providing an effective date. |
| 11 |
|
| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
|
| 14 | Section 1. Subsection (1) of section 768.1355, Florida |
| 15 | Statutes, is amended to read: |
| 16 | 768.1355 Florida Volunteer Protection Act.- |
| 17 | (1) Any person who volunteers to perform any service for |
| 18 | any nonprofit organization, including an officer or director of |
| 19 | such organization, without compensation from the nonprofit |
| 20 | organization, regardless of whether the person is receiving |
| 21 | compensation from another source, except reimbursement for |
| 22 | actual expenses, shall be considered an agent of such nonprofit |
| 23 | organization when acting within the scope of any official duties |
| 24 | performed under such volunteer services. Such person, and the |
| 25 | source of any such compensation, if the volunteer is not acting |
| 26 | as an agent of the source, shall incur no civil liability for |
| 27 | any act or omission by such person which results in personal |
| 28 | injury or property damage if: |
| 29 | (a) Such person was acting in good faith within the scope |
| 30 | of any official duties performed under such volunteer service |
| 31 | and such person was acting as an ordinary reasonably prudent |
| 32 | person would have acted under the same or similar circumstances; |
| 33 | and |
| 34 | (b) The injury or damage was not caused by any wanton or |
| 35 | willful misconduct on the part of such person in the performance |
| 36 | of such duties. |
| 37 | 1. For purposes of this act, the term "nonprofit |
| 38 | organization" means any organization which is exempt from |
| 39 | taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or |
| 40 | local governmental entity. |
| 41 | 2. For purposes of this act, the term "compensation" does |
| 42 | not include a stipend as provided by the Domestic Service |
| 43 | Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other |
| 44 | financial assistance, valued at less than two-thirds of the |
| 45 | federal hourly minimum wage standard, paid to a person who would |
| 46 | otherwise be financially unable to provide the volunteer |
| 47 | service. |
| 48 | Section 2. This act shall take effect July 1, 2011, and |
| 49 | shall apply to causes of action accruing on or after that date. |