The 2023 Florida Statutes (including Special Session C)

Title XLV
TORTS

Chapter 768
NEGLIGENCE

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F.S. 768.1355

768.1355 Florida Volunteer Protection Act.—

(1) Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation from the nonprofit organization, regardless of whether the person is receiving compensation from another source, except reimbursement for actual expenses, shall be considered an agent of such nonprofit organization when acting within the scope of any official duties performed under such volunteer services. Such person, and the source of any such compensation, if the volunteer is not acting as an agent of the source, shall incur no civil liability for any act or omission by such person which results in personal injury or property damage if:

(a) Such person was acting in good faith within the scope of any official duties performed under such volunteer service and such person was acting as an ordinary reasonably prudent person would have acted under the same or similar circumstances; and

(b) The injury or damage was not caused by any wanton or willful misconduct on the part of such person in the performance of such duties.

1. For purposes of this act, the term “nonprofit organization” means any organization which is exempt from taxation pursuant to 26 U.S.C. s. 501, or any federal, state, or local governmental entity.

2. For purposes of this act, the term “compensation” does not include a stipend as provided by the Domestic Service Volunteer Act of 1973, as amended (Pub. L. No. 93-113), or other financial assistance, valued at less than two-thirds of the federal hourly minimum wage standard, paid to a person who would otherwise be financially unable to provide the volunteer service.

(2) Except as otherwise provided by law, if a volunteer is determined to be not liable pursuant to subsection (1), the nonprofit organization for which the volunteer was performing services when the damages were caused shall be liable for such damages to the same extent as the nonprofit organization would have been liable if the liability limitation pursuant to subsection (1) had not been provided.

(3) Members of elected or appointed boards, councils, and commissions of the state, counties, municipalities, authorities, and special districts shall incur no civil liability and shall have immunity from suit as provided in s. 768.28 for acts or omissions by members relating to members’ conduct of their official duties. It is the intent of the Legislature to encourage our best and brightest people to serve on elected and appointed boards, councils, and commissions.

(4) This section may be cited as the “Florida Volunteer Protection Act.”

History.—s. 1, ch. 93-139; s. 50, ch. 96-399; s. 1, ch. 2011-190.

F.S. 768.1355 on Google Scholar

F.S. 768.1355 on Casetext

Amendments to 768.1355

Arrestable Offenses / Crimes under Fla. Stat. 768.1355

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 768.1355.

Annotations, Discussions, Cases:

Cases from cite.case.law:

ESTATE OF BRENNAN, v. CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC., 832 F. Supp. 2d 1370 (M.D. Fla. 2011)

. . . the defendants explain in the papers supporting summary judgment, the plaintiffs claim under Section 768.1355 . . . The plaintiffs wrongful death claim requires some wrongful conduct by the defendants but Section 768.1355 . . . Section 768.1355 is inapplicable. . . .

GILLET, v. WATCHTOWER BIBLE TRACT SOCIETY OF PENNSYLVANIA, INC. s JN, 913 So. 2d 618 (Fla. Dist. Ct. App. 2005)

. . . summary judgment was correctly entered on the Gillets’ Volunteer Protection Act claim under section 768.1355 . . . . § 768.1355(1), Fla. Stat. (1995). . Markowitz v. . . .

CAMPBELL, v. KESSLER, D., 848 So. 2d 369 (Fla. Dist. Ct. App. 2003)

. . . In this automobile negligence case, the trial court granted summary judgment pursuant to section 768.1355 . . . court granted the estate’s summary judgment pursuant to the Florida Volunteer Protection Act, section 768.1355 . . . See § 768.1355(l)(a)-(b). . . . by which the risk is shifted to the non-profit organization if the volunteer is protected by section 768.1355 . . . See § 768.1355(2). . . .