Bill Text: FL H0215 | 2011 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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
7nonapplicability; providing definitions; providing an
8effective date.
9
10Be It Enacted by the Legislature of the State of Florida:
11
12     Section 1.  Section 252.515, Florida Statutes, is created
13to read:
14     252.515  Postdisaster Relief Assistance Act; immunity from
15civil liability.-
16     (1)  This act may be cited as the "Postdisaster Relief
17Assistance Act."
18     (2)(a)1.  Any individual, corporation, or other business
19entity within the state, including an individual, corporation,
20or business entity listed in subparagraph 2., who in good faith
21provides temporary housing, food, water, or electricity to
22emergency first responders or the immediate family members of
23emergency first responders during a period of 6 months following
24the declaration of an emergency by the Governor, either in
25direct response to an emergency situation related to and arising
26out of a public health emergency declared pursuant to s.
27381.00315 or a state of emergency declared pursuant to s.
28252.36, may not be held liable for any civil damages as a result
29of providing the temporary housing, food, water, or electricity
30where the individual, corporation, or business entity acts as an
31ordinary reasonably prudent person would have acted under the
32same or similar circumstances.
33     2.  As used in this section, the term:
34     a.  "Immediate family member" means any parent, spouse,
35child, or sibling.
36     b.  "Individual, corporation, or other business entity
37within the state" includes, but is not limited to, any:
38     (I)  Physician licensed under chapter 458.
39     (II)  Osteopathic physician licensed under chapter 459.
40     (III)  Chiropractic physician licensed under chapter 460.
41     (IV)  Podiatric physician licensed under chapter 461.
42     (V)  Dentist licensed under chapter 466.
43     (VI)  Advanced registered nurse practitioner certified
44under s. 464.012.
45     (VII)  Physician assistant licensed under s. 458.347 or s.
46459.022.
47     (VIII)  Worker employed by a public or private hospital in
48the state.
49     (IX)  Paramedic as defined in s. 401.23(17).
50     (X)  Emergency medical technician as defined in s.
51401.23(11).
52     (XI)  Firefighter as defined in s. 633.30.
53     (XII)  Member of the Florida National Guard.
54     (XIII)  Other personnel designated as emergency personnel
55by the Governor pursuant to a declared emergency.
56     (b)1.  Any entity, employee thereof, or any individual that
57annually registers prior to a declared emergency with a county
58emergency management agency as a housing provider for emergency
59first responders and who in good faith provides housing, food,
60water, or electricity for emergency first responders or the
61immediate family members of emergency first responders where the
62provision of such housing, food, water, or electricity is
63necessitated by a sudden or unexpected postemergency situation
64or occurrence arising as a result of a declared emergency may
65not be held liable for any civil damages as a result of
66providing or failing to provide such housing, food, water, or
67electricity unless such damages result from providing or failing
68to provide such housing, food, water, or electricity under
69circumstances demonstrating a reckless disregard for the
70consequences of another.
71     2.  The immunity provided by this paragraph does not apply
72to damages as a result of any act or omission:
73     a.  That occurs more than 6 months after the declaration of
74an emergency by the Governor, unless the declared state of
75emergency is extended by the Governor, in which case the
76immunity provided by this paragraph continues to apply for the
77duration of the extension; or
78     b.  That is unrelated to the original declared emergency or
79any extension thereof.
80     3.  As used in this paragraph, the term "reckless
81disregard" as it applies to an entity, employee thereof, or
82individual registered with a county emergency management agency
83prior to a declared emergency as a provider of housing for
84emergency first responders and that provides temporary housing,
85food, water, or electricity during a postdisaster emergency
86situation shall be such conduct that a reasonable person knew or
87should have known, at the time such services were provided,
88would be likely to result in injury so as to affect the life or
89health of another, taking into account the extent or serious
90nature of the prevailing circumstances.
91     Section 2.  This act shall take effect July 1, 2011.


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