Florida Senate - 2021                                    SB 1060
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-00779-21                                            20211060__
    1                        A bill to be entitled                      
    2         An act relating to limitation of liability for
    3         voluntary engineering services; creating s. 768.38,
    4         F.S.; defining the term “structures specialist”;
    5         exempting engineers, architects, and structures
    6         specialists from liability for certain voluntary
    7         engineering services under certain circumstances;
    8         providing applicability; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 768.38, Florida Statutes, is created to
   13  read:
   14         768.38 Limitation of liability for certain voluntary
   15  engineering services.—
   16         (1) For the purposes of this section, the term “structures
   17  specialist” means a person who has been trained by, and holds a
   18  current certification from, the United States Army Corps of
   19  Engineers as a structures specialist.
   20         (2) An engineer as defined in s. 471.005, an architect as
   21  defined in s. 481.203, or a structures specialist, and any
   22  qualified business organization of such person, who voluntarily
   23  provides engineering services related to a declared federal,
   24  state, or local emergency may not be held liable for any
   25  personal injury, wrongful death, property damage, or other
   26  economic loss related to his or her acts or omissions in the
   27  performance of his or her services if:
   28         (a) Such person acted reasonably and in good faith; and
   29         (b) The act did not involve gross negligence or willful
   30  misconduct.
   31         (3) The immunity from liability under this section also
   32  applies to any person who is licensed or registered as an
   33  engineer or architect in any other jurisdiction and who is
   34  rendering aid in this state as a member of a mobile support unit
   35  of another state.
   36         (4) The immunity from liability under this section applies
   37  only to services provided during, or within 90 calendar days
   38  after the end of, a declared federal, state, or local emergency.
   39         Section 2. This act shall take effect July 1, 2021.