Bill Text: FL H0215 | 2011 | Regular Session | Comm Sub


Bill Title: Emergency Management

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-04 - Laid on Table, companion bill(s) passed, see CS/CS/SB 450 (Ch. [H0215 Detail]

Download: Florida-2011-H0215-Comm_Sub.html
CS/HB 215

1
A bill to be entitled
2An act relating to emergency management; creating s.
3252.515, F.S.; providing a short title; providing immunity
4from civil liability for providers of temporary housing
5and aid to emergency first responders and their immediate
6family members following a declared emergency; providing
7definitions; providing nonapplicability; authorizing
8specified registration with a county emergency management
9agency as a provider of housing for emergency first
10responders; providing an effective date.
11
12Be It Enacted by the Legislature of the State of Florida:
13
14     Section 1.  Section 252.515, Florida Statutes, is created
15to read:
16     252.515  Postdisaster Relief Assistance Act; immunity from
17civil liability.-
18     (1)  This act may be cited as the "Postdisaster Relief
19Assistance Act."
20     (2)  Any person who gratuitously and in good faith provides
21temporary housing, food, water, or electricity to emergency
22first responders or the immediate family members of emergency
23first responders in response to an emergency situation related
24to and arising out of a public health emergency declared
25pursuant to s. 381.00315 or a state of emergency declared
26pursuant to s. 252.36, may not be held liable for any civil
27damages as a result of providing the temporary housing, food,
28water, or electricity unless the person acts in a manner that
29demonstrates a reckless disregard for the consequences of
30another.
31     (3)  As used in this section, the term:
32     (a)  "Emergency first responder" means:
33     1.  A physician licensed under chapter 458.
34     2.  An osteopathic physician licensed under chapter 459.
35     3.  A chiropractic physician licensed under chapter 460.
36     4.  A podiatric physician licensed under chapter 461.
37     5.  A dentist licensed under chapter 466.
38     6.  An advanced registered nurse practitioner certified
39under s. 464.012.
40     7.  A physician assistant licensed under s. 458.347 or s.
41459.022.
42     8.  A worker employed by a public or private hospital in
43the state.
44     9.  A paramedic as defined in s. 401.23(17).
45     10.  An emergency medical technician as defined in s.
46401.23(11).
47     11.  A firefighter as defined in s. 633.30.
48     12.  A law enforcement officer as defined in s. 943.10.
49     13.  A member of the Florida National Guard.
50     14.  Any other personnel designated as emergency personnel
51by the Governor pursuant to a declared emergency.
52     (b)  "Immediate family member" means any parent, spouse,
53child, or sibling.
54     (4)  The immunity provided by this section does not apply
55to damages as a result of any act or omission:
56     (a)  That occurs more than 6 months after the declaration
57of an emergency by the Governor, unless the declared state of
58emergency is extended by the Governor, in which case the
59immunity provided by this section continues to apply for the
60duration of the extension and 6 months thereafter; or
61     (b)  That is unrelated to the original declared emergency
62or any extension thereof.
63     (5)  As used in this section, the term "reckless disregard"
64means such conduct that a reasonable person knew or should have
65known, at the time such services were provided, would be likely
66to result in injury so as to affect the life or health of
67another, taking into account the extent or serious nature of the
68prevailing circumstances.
69     (6)  A person may register with a county emergency
70management agency as a temporary provider of housing, food,
71water, or electricity for emergency first responders if the
72county provides for such registration. A person who has
73registered with a county emergency management agency as a
74provider of temporary housing, food, water, or electricity to
75emergency first responders or the immediate family members of
76emergency first responders is presumed to have acted in good
77faith in providing such housing, food, water, or electricity.
78     Section 2.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.
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