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. 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 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.