Florida Senate - 2020 CS for SB 1754 By the Committee on Judiciary; and Senator Book 590-03966-20 20201754c1 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 transitional 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, with or 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.