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. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 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.