CopyCited 5 times | Published | Florida 4th District Court of Appeal | 2003 WL 21013105
...Davis of Silber & Valente, West Palm Beach, for appellant. Deirdre E. Brett of Cameron, Davis & Gonzalez, P.A., West Palm Beach, for appellee. JENNIFER D. BAILEY, Associate Judge. In this automobile negligence case, the trial court granted summary judgment pursuant to section 768.1355(1), Florida Statutes (2001)....
...tional "eyes and ears" for the department. While the negligence case was pending, Berger passed away and his estate was substituted as defendant. The trial court granted the estate's summary judgment pursuant to the Florida Volunteer Protection Act, section 768.1355(1), which provides: Any person who volunteers to perform any service for any nonprofit organization......
...e us, he would not be protected from his own ordinary negligence under the straightforward language of the statute. Careful reading reveals the requirements of the Florida Volunteer Protection Act are written in the conjunctive, not disjunctive. See § 768.1355(1)(a)-(b)....
...ndard. If Berger was not acting as a reasonably prudent person, no protection is available to the estate under the statute. The statute provides a mechanism by which the risk is shifted to the non-profit organization if the volunteer is protected by section 768.1355(1)....
...The legislature's clear intent is not to immunize volunteers from liability, but rather to shift liability from the volunteer to the non-profit organization only where the volunteer is exercising reasonable care and meets the other statutory criteria. See § 768.1355(2)....
CopyCited 1 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 140188, 2011 WL 6048687
...ing the pertinent damage. To protect and encourage the charitable volunteer, the statute shifts the innocent volunteer’s liability to the organization. As the defendants explain in the papers supporting summary judgment, the plaintiffs claim under Section 768.1355 is hopelessly illogical. The plaintiffs wrongful death claim requires some wrongful conduct by the defendants but Section 768.1355 visits liability on the organization for the acts of the charitable volunteers only if the volunteers acted reasonably. Of course, the record fails to support the notion that the individual defendants acted within the meaning of the statute as “volunteers” for Scientology in the pertinent events. Section 768.1355 is inapplicable....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...Daniels Public Defender Second Judicial Circuit of Florida Leon County Courthouse, Suite 401 301 So. Monroe Street Tallahassee, Florida 32301 Dear Ms. Daniels: You ask substantially the following question: Are the provisions of the Florida Volunteer Protection Act, section 768.1355 , Florida Statutes, applicable to attorneys providing pro bono legal services to a nonprofit organization? In sum: The Florida Volunteer Protection Act would appear to be applicable to attorneys providing pro bono legal services to a...
...tisfy the Court's pro bono reporting requirements. 1 You, therefore, ask whether the new Florida Volunteer Protection Act would apply to an attorney providing pro bono legal services to a nonprofit organization. The Florida Volunteer Protection Act, section 768.1355 , Florida Statutes, was created by the 1993 Legislature as a general volunteer immunity statute, providing immunity from civil liability for acts or omissions resulting in personal injury or property damage by persons who perform volunteer services for a nonprofit organization. 2 Section 768.1355 (1), Florida Statutes, provides in part: Any person who volunteers to perform any service for any nonprofit organization, including an officer or director of such organization, without compensation, except reimbursement for actual ex...
...ecified in the act are met. The act, however, would not necessarily immunize the attorney for any disciplinary action taken by The Supreme Court of Florida pursuant to its constitutional authority to regulate the conduct of attorneys. 6 In addition, section 768.1355 (2), Florida Statutes, provides: 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. Section 768.1355 (1), Florida Statutes, states that the volunteer shall be considered an agent of the nonprofit organization when acting within the scope of any official duties performed under such volunteer services. The final staff analysis of bill, which was passed as Ch. 93-139, Laws of Florida, and codified as section 768.1355 , Florida Statutes, states: The bill provides that if a volunteer is determined not to be liable, the nonprofit organization for which the volunteer was performing services shall be liable....
...Failure to report this information constitutes a disciplinary offense. See, R. Regulating Fla. Bar 4-6.1(d). 2 Chapter 93-139, Laws of Florida. See, Final Bill Analysis and Economic Impact Statement, CS/HB 21, Florida House of Representatives Committee on Judiciary, June 22, 1993. 3 Section 768.1355 (1), Fla....
