Florida Senate - 2020                                    SB 1754
       
       
        
       By Senator Book
       
       
       
       
       
       32-01361A-20                                          20201754__
    1                        A bill to be entitled                      
    2         An act relating to limitation of actions against
    3         crisis shelters; providing a short title; creating s.
    4         95.39, F.S.; defining terms; limiting civil liability
    5         for nonprofit organizations operating crisis shelters
    6         for certain persons; providing construction; providing
    7         an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. This act may be cited as the “Florida Crisis
   12  Shelter Protection Act.”
   13         Section 2. Section 95.39, Florida Statutes, is created to
   14  read:
   15         95.39 Limitation upon claims against crisis shelters.—
   16         (1) As used in this section, the term:
   17         (a) “Crisis shelter” means a facility providing temporary
   18  housing for persons experiencing homelessness or who are at risk
   19  thereof, regardless of the reasons therefor, the length of stay,
   20  or the extent of support services provided, if any. The term
   21  includes, but is not limited to, emergency shelters, hurricane
   22  evacuation shelters, homeless shelters, domestic violence
   23  shelters, runaway shelters, and traditional shelters.
   24         (b) “Nonprofit organization” means an organization that is
   25  exempt from taxation under 26 U.S.C. s. 501 and that is
   26  operating a crisis shelter. The term includes such
   27  organization’s subsidiaries, affiliates, and supporting
   28  foundations, and their respective boards of directors, officers,
   29  employees, contractors, subcontractors, volunteers, donors or
   30  funders, and agents.
   31         (c) “Program participant” means a person seeking or
   32  obtaining temporary housing in a crisis shelter, whether or not
   33  such temporary housing is actually obtained.
   34         (d) “Remuneration” means the required payment of moneys by
   35  a program participant to a nonprofit organization for temporary
   36  housing in a crisis shelter or support services. The term does
   37  not include receipt by a nonprofit organization of financial or
   38  in-kind donations, charitable contributions, fundraising event
   39  proceeds, reimbursements, awards, grants, or contract payments
   40  from persons other than a program participant. The term also
   41  does not include an entirely voluntary charitable contribution
   42  by a program participant.
   43         (e) “Support services” includes, but is not limited to,
   44  providing or coordinating linkages, referrals, or assistance in
   45  obtaining one or more of the following supports: beds, cots, or
   46  mats; linens; food or drink; clothing; shoes; toiletries;
   47  financial assistance; health care; mental health care;
   48  medications; counseling; case management; resource coordination;
   49  assistance in applying for resources, services, or benefits of
   50  any kind; education; financial literacy; child care; child and
   51  family therapy; after-school programs; summer camps;
   52  recreational activities; job readiness training; vocational
   53  training; employment assistance; transportation; legal services;
   54  housing; relocation services; rental assistance, subsidies, or
   55  deposits; and other supports, goods, activities, services, or
   56  resources of any kind. The term includes such supports, whether
   57  provided by a nonprofit organization or third party and whether
   58  occurring before, during, or after placement in a crisis shelter
   59  or in lieu of shelter.
   60         (f) “Third party” means a person other than a nonprofit
   61  organization who, without remuneration, provides support
   62  services for a program participant of a crisis shelter.
   63         (2) A nonprofit organization operating a crisis shelter
   64  which, without remuneration, provides temporary housing in the
   65  crisis shelter or support services for, or on behalf of, a
   66  program participant of the crisis shelter is not liable for
   67  civil liability arising from any of the following:
   68         (a) Acts or omissions of providing, or failing to provide,
   69  the temporary housing or support services.
   70         (b) Acts and omissions of another nonprofit organization or
   71  other third party to whom referrals for support services are
   72  made or coordinated, whether or not the other nonprofit
   73  organization or third party actually provides or fails to
   74  provide the support services.
   75         (c) Acts and omissions of the program participant,
   76  including, but not limited to, any criminal activity, theft,
   77  injury, loss, damage, or death caused directly or indirectly by
   78  the program participant.
   79         (d) Any criminal activity, theft, injury, loss, damage, or
   80  death caused directly or indirectly by another nonprofit
   81  organization or other third party.
   82         (3) This section does not supersede any licensing
   83  requirements of chapter 491 for social workers, marriage and
   84  family therapists, or mental health counselors.
   85         Section 3. This act shall take effect July 1, 2020.