877.28: Failure to provide reasonable assistance at scene of emergency; penalty; immunity from civil liability; construction.

(1) As used in this section, the term “endangered person” means a person who is in imminent danger of, or who hassuffered, grave physical harm.

(2)(a) A person at the scene of an emergency who knows that another person at the scene of the emergency is an endangered person shall, to the extent that he or she is able and can do so without danger or peril to himself, herself, or others, provide reasonable assistance to the endangered person, unless the person knows that such assistance is already being provided by another person. Reasonable assistance may include, but is not limited to, obtaining or attempting to obtain aid from anemergency medical care provider, a firefighter, or a lawenforcement officer, as those terms are defined in s. 784.07.
(b) A person who violates paragraph (a) commits a misdemeanor of the first degree, punishable as provided in s.775.082 or by a fine of up to $10,000, or both. However, a person who, in the course of committing a violation of paragraph
(a), videotapes or otherwise electronically records the endangered person and uploads the recording to a social media or social networking website, commits a felony of the third degree, punishable as provided in s. 775.082 or by a fine of up to $10,000, or both. In addition to any other penalty, the court shall order a person who violates paragraph (a) to serve up to 100 hours of community service.

(3) A person who complies with subsection (2) and provides reasonable assistance, excluding emergency care or treatment, is not liable for civil damages for any injury that arises out of the provision of such assistance. To the extent provided in s.768.13, a person who, in compliance with this section, providesreasonable assistance by providing emergency care or treatmentis not liable for civil damages for such assistance.

(4) The statutory duty of a person to provide reasonableassistance in compliance with subsection (2) may not be construed as extending to information that is provided inobtaining or attempting to obtain aid which would violate the privilege of such person against self-incrimination.

Section 2. This act shall take effect October 1, 2018.