Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 308
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Criminal Justice (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 768.139, Florida Statutes, is created to
    6  read:
    7         768.139 Rescue of vulnerable person or domestic animal from
    8  a motor vehicle; immunity from civil liability.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Domestic animal” means a dog, cat, or other animal
   11  that is domesticated and may be kept as a household pet. The
   12  term does not include livestock or other farm animals.
   13         (b) “Motor vehicle” has the same meaning as provided in s.
   14  320.01.
   15         (c) “Vulnerable person” means:
   16         1. A disabled adult as defined in s. 825.101(3).
   17         2. An elderly person as defined in s. 825.101(4).
   18         3. A minor.
   19         (2) IMMUNITY FOR DAMAGE TO MOTOR VEHICLE.—A person who
   20  enters a motor vehicle, by force or otherwise, for the purpose
   21  of removing a vulnerable person or domestic animal is immune
   22  from civil liability for damages to the motor vehicle if the
   23  person:
   24         (a) Determines the motor vehicle is locked or there is
   25  otherwise no reasonable method for the vulnerable person or
   26  domestic animal to exit the motor vehicle without assistance.
   27         (b) Has a good faith and reasonable belief, based upon the
   28  known circumstances, that entry into the motor vehicle is
   29  necessary because the vulnerable person or domestic animal is in
   30  imminent danger of suffering harm.
   31         (c) Ensures that law enforcement is notified before
   32  entering the motor vehicle or immediately thereafter.
   33         (d) Uses no more force to enter the motor vehicle and
   34  remove the vulnerable person or domestic animal than is
   35  necessary.
   36         (e) Remains with the vulnerable person or domestic animal
   37  in a safe location, in reasonable proximity to the motor
   38  vehicle, until law enforcement or other first responder arrives.
   39         (3) APPLICABILITY.—This section does not limit or expand
   40  any immunity provided under s. 768.13 for the care or treatment
   41  of the vulnerable person or domestic animal.
   42         Section 2. This act shall take effect upon becoming a law.
   43  ================= T I T L E  A M E N D M E N T ================
   44  And the title is amended as follows:
   45         Delete everything before the enacting clause
   46  and insert:
   47                        A bill to be entitled                      
   48         An act relating to unattended persons and animals in
   49         motor vehicles; creating s. 768.139, F.S.; providing
   50         definitions; providing immunity from civil liability
   51         for entry into a motor vehicle to remove a person or
   52         animal under certain circumstances; providing for
   53         applicability; providing an effective date.