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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 22 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br />persons during an actual, impending, mock, or practice 526 <br />emergency, together with her or his successor in interest, if 527 <br />any, shall not be liable for the death of, or injury to, any 528 <br />person on or about such real estate or premises during the 529 <br />actual, impending, mock, or practice emergency, or for loss of, 530 <br />or damage to, the property of such person, solely by reason or 531 <br />as a result of such license, privilege, designation, or use, 532 <br />unless the gross negligence or the willful and wanton misconduct 533 <br />of such person owning or controlling such real estate or 534 <br />premises or her or his successor in interest is the proximate 535 <br />cause of such death, injury, loss, or damage occurring during 536 <br />such sheltering period. Any such person or organization who 537 <br />provides such shelter space for compensation shall be deemed to 538 <br />be an instrumentality of the state or its applicable agency or 539 <br />subdivision for the purposes of s. 768.28. 540 <br /> Section 11. For the purpose of incorporating the amendment 541 <br />made by this act to section 768.28, Florida Statutes, in a 542 <br />reference thereto, section 252.89, Florida Statutes, is 543 <br />reenacted to read: 544 <br /> 252.89 Tort liability.—The commission and the committees 545 <br />shall be state agencies, and the members of the commission and 546 <br />committees shall be officers, employees, or agents of the state 547 <br />for the purposes of s. 768.28. 548 <br /> Section 12. For the purpose of incorporating the amendment 549 <br />made by this act to section 768.28, Florida Statutes, in a 550