Florida Senate - 2011                       CS for CS for SB 930
       By the Committees on Children, Families, and Elder Affairs; and
       Judiciary; and Senators Lynn and Rich
       586-02858-11                                           2011930c2
    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 for application of the act;
   11         providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Subsection (1) of section 768.1355, Florida
   16  Statutes, is amended to read:
   17         768.1355 Florida Volunteer Protection Act.—
   18         (1) Any person who volunteers to perform any service for
   19  any nonprofit organization, including an officer or director of
   20  such organization, without compensation from the nonprofit
   21  organization, regardless of whether the person is receiving
   22  compensation from another source, except reimbursement for
   23  actual expenses, shall be considered an agent of such nonprofit
   24  organization when acting within the scope of any official duties
   25  performed under such volunteer services. Such person, and the
   26  source that provides compensation, if the volunteer is not
   27  acting as an agent of the source, shall incur no civil liability
   28  for any act or omission by such person which results in personal
   29  injury or property damage if:
   30         (a) Such person was acting in good faith within the scope
   31  of any official duties performed under such volunteer service
   32  and such person was acting as an ordinary reasonably prudent
   33  person would have acted under the same or similar circumstances;
   34  and
   35         (b) The injury or damage was not caused by any wanton or
   36  willful misconduct on the part of such person in the performance
   37  of such duties.
   38         1. For purposes of this act, the term “nonprofit
   39  organization” means any organization which is exempt from
   40  taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or
   41  local governmental entity.
   42         2. For purposes of this act, the term “compensation” does
   43  not include a stipend as provided by the Domestic Service
   44  Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other
   45  financial assistance, valued at less than two-thirds of the
   46  federal hourly minimum wage standard, paid to a person who would
   47  otherwise be financially unable to provide the volunteer
   48  service.
   49         Section 2. This act shall take effect July 1, 2011, and
   50  applies to causes of action accruing on or after that date.