Florida Senate - 2016 COMMITTEE AMENDMENT Bill No. SB 308 Ì618588aÎ618588 LEGISLATIVE ACTION Senate . House Comm: RCS . 11/17/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 768.139, Florida Statutes, is created to 6 read: 7 768.139 Rescue of vulnerable person or domestic animal from 8 a motor vehicle; immunity from civil liability.— 9 (1) DEFINITIONS.—As used in this section, the term: 10 (a) “Domestic animal” means a dog, cat, or other animal 11 that is domesticated and may be kept as a household pet. The 12 term does not include livestock or other farm animals. 13 (b) “Motor vehicle” has the same meaning as provided in s. 14 320.01. 15 (c) “Vulnerable person” means: 16 1. A disabled adult as defined in s. 825.101(3). 17 2. An elderly person as defined in s. 825.101(4). 18 3. A minor. 19 (2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who 20 enters a motor vehicle, by force or otherwise, for the purpose 21 of removing a vulnerable person or domestic animal is immune 22 from civil liability for damages to the motor vehicle if the 23 person: 24 (a) Determines the motor vehicle is locked or there is 25 otherwise no reasonable method for the vulnerable person or 26 domestic animal to exit the motor vehicle without assistance. 27 (b) Has a good faith and reasonable belief, based upon the 28 known circumstances, that entry into the motor vehicle is 29 necessary because the vulnerable person or domestic animal is in 30 imminent danger of suffering harm. 31 (c) Ensures that law enforcement is notified before 32 entering the motor vehicle or immediately thereafter. 33 (d) Uses no more force to enter the motor vehicle and 34 remove the vulnerable person or domestic animal than is 35 necessary. 36 (e) Remains with the vulnerable person or domestic animal 37 in a safe location, in reasonable proximity to the motor 38 vehicle, until law enforcement or other first responder arrives. 39 (3) APPLICABILITY.—This section does not limit or expand 40 any immunity provided under s. 768.13 for the care or treatment 41 of the vulnerable person or domestic animal. 42 Section 2. This act shall take effect upon becoming a law. 43 ================= T I T L E A M E N D M E N T ================ 44 And the title is amended as follows: 45 Delete everything before the enacting clause 46 and insert: 47 A bill to be entitled 48 An act relating to unattended persons and animals in 49 motor vehicles; creating s. 768.139, F.S.; providing 50 definitions; providing immunity from civil liability 51 for entry into a motor vehicle to remove a person or 52 animal under certain circumstances; providing for 53 applicability; providing an effective date.