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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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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	nonapplicability; providing definitions; providing an
8	effective date.
9
10	Be It Enacted by the Legislature of the State of Florida:
11
12	Section 1.  Section 252.515, Florida Statutes, is created
13	to read:
14	252.515  Postdisaster Relief Assistance Act; immunity from
15	civil liability.-
16	(1)  This act may be cited as the "Postdisaster Relief
17	Assistance Act."
18	(2)(a)1.  Any individual, corporation, or other business
19	entity within the state, including an individual, corporation,
20	or business entity listed in subparagraph 2., who in good faith
21	provides temporary housing, food, water, or electricity to
22	emergency first responders or the immediate family members of
23	emergency first responders during a period of 6 months following
24	the declaration of an emergency by the Governor, either in
25	direct response to an emergency situation related to and arising
26	out of a public health emergency declared pursuant to s.
27	381.00315 or a state of emergency declared pursuant to s.
28	252.36, may not be held liable for any civil damages as a result
29	of providing the temporary housing, food, water, or electricity
30	where the individual, corporation, or business entity acts as an
31	ordinary reasonably prudent person would have acted under the
32	same or similar circumstances.
33	2.  As used in this section, the term:
34	a.  "Immediate family member" means any parent, spouse,
35	child, or sibling.
36	b.  "Individual, corporation, or other business entity
37	within 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
44	under s. 464.012.
45	(VII)  Physician assistant licensed under s. 458.347 or s.
46	459.022.
47	(VIII)  Worker employed by a public or private hospital in
48	the state.
49	(IX)  Paramedic as defined in s. 401.23(17).
50	(X)  Emergency medical technician as defined in s.
51	401.23(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
55	by the Governor pursuant to a declared emergency.
56	(b)1.  Any entity, employee thereof, or any individual that
57	annually registers prior to a declared emergency with a county
58	emergency management agency as a housing provider for emergency
59	first responders and who in good faith provides housing, food,
60	water, or electricity for emergency first responders or the
61	immediate family members of emergency first responders where the
62	provision of such housing, food, water, or electricity is
63	necessitated by a sudden or unexpected postemergency situation
64	or occurrence arising as a result of a declared emergency may
65	not be held liable for any civil damages as a result of
66	providing or failing to provide such housing, food, water, or
67	electricity unless such damages result from providing or failing
68	to provide such housing, food, water, or electricity under
69	circumstances demonstrating a reckless disregard for the
70	consequences of another.
71	2.  The immunity provided by this paragraph does not apply
72	to damages as a result of any act or omission:
73	a.  That occurs more than 6 months after the declaration of
74	an emergency by the Governor, unless the declared state of
75	emergency is extended by the Governor, in which case the
76	immunity provided by this paragraph continues to apply for the
77	duration of the extension; or
78	b.  That is unrelated to the original declared emergency or
79	any extension thereof.
80	3.  As used in this paragraph, the term "reckless
81	disregard" as it applies to an entity, employee thereof, or
82	individual registered with a county emergency management agency
83	prior to a declared emergency as a provider of housing for
84	emergency first responders and that provides temporary housing,
85	food, water, or electricity during a postdisaster emergency
86	situation shall be such conduct that a reasonable person knew or
87	should have known, at the time such services were provided,
88	would be likely to result in injury so as to affect the life or
89	health of another, taking into account the extent or serious
90	nature of the prevailing circumstances.
91	Section 2.  This act shall take effect July 1, 2011.

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