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

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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

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CS/HB 215

1	A bill to be entitled
2	An act relating to emergency management; creating s.
3	252.515, F.S.; providing a short title; providing immunity
4	from civil liability for providers of temporary housing
5	and aid to emergency first responders and their immediate
6	family members following a declared emergency; providing
7	definitions; providing nonapplicability; authorizing
8	specified registration with a county emergency management
9	agency as a provider of housing for emergency first
10	responders; providing an effective date.
11
12	Be It Enacted by the Legislature of the State of Florida:
13
14	Section 1.  Section 252.515, Florida Statutes, is created
15	to read:
16	252.515  Postdisaster Relief Assistance Act; immunity from
17	civil liability.-
18	(1)  This act may be cited as the "Postdisaster Relief
19	Assistance Act."
20	(2)  Any person who gratuitously and in good faith provides
21	temporary housing, food, water, or electricity to emergency
22	first responders or the immediate family members of emergency
23	first responders in response to an emergency situation related
24	to and arising out of a public health emergency declared
25	pursuant to s. 381.00315 or a state of emergency declared
26	pursuant to s. 252.36, may not be held liable for any civil
27	damages as a result of providing the temporary housing, food,
28	water, or electricity unless the person acts in a manner that
29	demonstrates a reckless disregard for the consequences of
30	another.
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
39	under s. 464.012.
40	7.  A physician assistant licensed under s. 458.347 or s.
41	459.022.
42	8.  A worker employed by a public or private hospital in
43	the state.
44	9.  A paramedic as defined in s. 401.23(17).
45	10.  An emergency medical technician as defined in s.
46	401.23(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
51	by the Governor pursuant to a declared emergency.
52	(b)  "Immediate family member" means any parent, spouse,
53	child, or sibling.
54	(4)  The immunity provided by this section does not apply
55	to damages as a result of any act or omission:
56	(a)  That occurs more than 6 months after the declaration
57	of an emergency by the Governor, unless the declared state of
58	emergency is extended by the Governor, in which case the
59	immunity provided by this section continues to apply for the
60	duration of the extension and 6 months thereafter; or
61	(b)  That is unrelated to the original declared emergency
62	or any extension thereof.
63	(5)  As used in this section, the term "reckless disregard"
64	means such conduct that a reasonable person knew or should have
65	known, at the time such services were provided, would be likely
66	to result in injury so as to affect the life or health of
67	another, taking into account the extent or serious nature of the
68	prevailing circumstances.
69	(6)  A person may register with a county emergency
70	management agency as a temporary provider of housing, food,
71	water, or electricity for emergency first responders if the
72	county provides for such registration. A person who has
73	registered with a county emergency management agency as a
74	provider of temporary housing, food, water, or electricity to
75	emergency first responders or the immediate family members of
76	emergency first responders is presumed to have acted in good
77	faith 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.