Florida Senate - 2011                              CS for SB 930
       By the Committee on Judiciary; and Senators Lynn and Rich
       590-02467-11                                           2011930c1
    1                        A bill to be entitled                      
    2         An act relating to the protection of volunteers;
    3         amending s. 768.1355, F.S.; clarifying that in order
    4         to fall under the protection of the Florida Volunteer
    5         Protection Act, a person performing a service for a
    6         nonprofit organization may not receive compensation
    7         from the nonprofit organization for that service,
    8         regardless of whether the person is receiving
    9         compensation from another source; providing an
   10         exception; providing an effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   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 that provides compensation, if the volunteer is not
   26  acting as an agent of the source, shall incur no civil liability
   27  for 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.