HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 891 Limitation of Liability for Voluntary Engineering or Architectural Services
SPONSOR(S): Judiciary Committee, Civil Justice & Property Rights Subcommittee, Tuck and others
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 1060
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY
CHIEF
1) Civil Justice & Property Rights Subcommittee 13 Y, 0 N, As CS Mathews Jones
2) Judiciary Committee 21 Y, 0 N, As CS Mathews Kramer
SUMMARY ANALYSIS
Under s. 252.36, F.S., the Governor “is responsible for meeting the dangers presented to this state and its
people by emergencies.” To this end, the Governor may declare a state of emergency by executive order or
proclamation if he or she finds an emergency has occurred or is imminently going to occur. A state of
emergency may ultimately cause the need for significant repair or rescue operations. Such efforts may require
the services of trained professionals like engineers, architects, and structures specialists. However,
volunteering during a declared emergency or following a natural disaster can be a dangerous undertaking. A
volunteer assisting in rescue, repair, or recovery may act at his or her own risk.
Current law offers some immunity from tort liability for an engineer, architect, or structures specialist providing
services. A licensed professional providing professional services during a declared emergency, where such
services are related to the emergency, is not liable for professional malpractice as long as the professional
acted as an ordinarily reasonably prudent member of that profession would have acted under the same or
similar circumstances. However, immunity does not extend to the voluntary provision of services and only
covers immunity from liability for professional malpractice. Accordingly, under current law, an engineer,
architect, or structures specialist may be liable for personal injury, wrongful death, property damage, or other
loss that occurs while he or she is voluntarily providing services and assisting citizens during an emergency.
CS/CS/HB 891 grants civil liability immunity to an engineer, architect, or structures specialist who voluntarily
provides engineering services under certain direction or supervision during a declared federal, state, or local
emergency. The immunity applies only to services provided within 90 days of the first declaration of a specific
emergency. The immunity includes immunity from liability for any personal injury, wrongful death, property
damage, or other economic loss related to his or her acts or omissions as long as the act or omission did not
involve gross negligence or willful misconduct. The bill also extends this immunity to an out-of-state engineer
or architect who voluntarily renders aid in Florida as a member of another state’s mobile support unit.
The bill does not appear to have a fiscal impact on state or local governments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Under to s. 252.36, F.S., the Governor “is responsible for meeting the dangers presented to this state
and its people by emergencies.” The Governor may declare a state of emergency by executive order or
proclamation if he or she finds an emergency has occurred or imminently going to occur. The state of
emergency remains in place until the Governor finds that the threat or danger has been dealt with to
the extent that emergency conditions no longer exist. No state of emergency may last longer than 60
days unless it is renewed by the Governor, although a state of emergency is commonly renewed
multiple times.1 An executive order or proclamation declaring a state of emergency activates the
emergency mitigation, response, and recovery aspects of the state, local, and interjursidictional
emergency management plans. The declaration also serves as authority for the deployment and use of
any forces necessary, such as the Florida National Guard, for the use or distribution of supplies,
equipment, and materials. In some cases, a state of emergency can last for months or even years.
In response to a request by the Governor, the President of the United States may issue a major
disaster declaration or an emergency declaration, if needed. Such declaration authorizes the use of
federal resources, including Department of Defense resources, to assist the state in managing and
recovering from the disaster.2 Further, counties and political subdivisions within the state are authorized
to respond to local emergencies.3 Each county and municipality may establish a local emergency
management agency.4
Significant repair and rescue may be necessary after a destructive event such as a hurricane or
wildfire. Trained professionals like engineers, architects, and structures specialists may volunteer their
services and expertise after a disaster or emergency. Volunteering in this way, however, may expose
the volunteer to civil liability, as some of these situations involve dangerous, high-risk activities.
Current law provides some limited immunity from tort liability for an engineer, architect, or structural
specialist providing services. A licensed professional providing professional services during a declared
emergency, where such services are related to the emergency, is not liable for professional malpractice
as long as the professional acted as an ordinarily reasonably prudent member of that profession would
have acted under the same or similar circumstances.5 However, outside the professional malpractice
context, an engineer, architect, or structures specialist may be liable for personal injury, wrongful death,
property damage, or other loss that occurs while he or she is voluntarily providing services and
assisting citizens during an emergency.
Engineers
An engineer is a professional practicing engineering. S. 471.005, F.S. defines engineering as:
any service or creative work, the adequate performance of which requires engineering
education, training, and experience in the application of special knowledge of the
mathematical, physical, and engineering sciences…and includes such other professional
1 On October 7, 2018, Governor DeSantis declared a state of emergency for 26 counties in Northwest Florida in anticipation of
Hurricane Michael. The Governor extended the state of emergency by Executive Orders 18-360, 19-33, 19-134, 19-176, 19-207, 19-
261, 20-23, 20-81, 20-130, and 20-171. On September 18, 2020, 712 days after the state of emergency was initially declared, it was
again extended for 60 days. See Fla. Exec. Order No. 20-226 (Sep. 18, 2020).
2 See generally 44 C.F.R. § 206(b); see also Federal Emergency Management Agency (FEMA), How a Disaster Gets Declared,
https://www.fema.gov/disasters/how-declared (last visited on Apr. 19, 2021).
3 S. 252.38, F.S.
4 Id.
5 S. 768.1345, F.S.
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 services as may be necessary to the planning, progress, and completion of any
engineering services.6
The state regulates engineers through the Department of Business and Professional Regulation.7
Engineers are authorized to practice within a qualified business entity, such as a corporation.8
Architects
An architect is a professional practicing architecture. S. 481.203, F.S., defines architecture as the
provision of “services in connection with the design and construction of a structure or group of
structures which have as their principal purpose human habitation or use, and the utilization of space
within and surrounding such structures.” These services include planning, providing preliminary study
designs, drawings and specifications, job-site inspection, and administration of construction contracts.9
Florida regulates architects through the Department of Business and Professional Regulation.10
Architects are authorized to practice within a qualified business entity, such as a corporation.11
Structures Specialists
Structures specialists are engineers specially trained by the United States Army Corps of Engineers.
Engineers trained as structures specialists can evaluate a damaged building or hazard to reduce the
risks to rescue personnel and victims. Structures specialists design shoring systems to stabilize
structures for rescuers to gain safe access to victims. Structures specialists are trained in a basic
rescue skills course and also receive instruction in structural collapse patterns, hazard identification and
building monitoring, rapid assessment of buildings, building triage and marking systems, advance
shoring, and shoring calculations.12
Effect of Proposed Changes
CS/CS/HB 891 creates s. 768.38, F.S., to provide civil liability immunity from liability for certain
engineers, architects, and structures specialists who volunteer during and after a declared state of
emergency. The bill defines “structures specialist” as a person who has been trained by and holds a
current certificate from the United States Army Corps of Engineers as a structures specialist.
The bill provides that an engineer, architect, structures specialist, or qualified business organization of
such person, who voluntarily provides engineering services within 90 days after the first declaration of a
state of emergency is not liable for personal injury, wrongful death, property damages, or economic loss
resulting from acts or omissions related to engineering or architectural services. Such immunity only
applies to voluntary services rendered within 90 days of the first declaration of a particular federal,
state, or local emergency. For such immunity to apply, the person must be acting under the direction or
supervision of, or in connection with, a community emergency response team, a local emergency
management agency, the Division of Emergency Management, or the Federal Emergency
Management Agency in response to the declared state of emergency. Such immunity only applies if the
professional engineer, registered architect, or certified structures specialist’s act did not involve gross
negligence or willful misconduct.
The bill extends such immunity to a person who is licensed, registered, or certified in another state as
an engineer or architect and who participates as a member of another state’s mobile support unit
rendering aid in Florida within 90 days of the first declaration of the federal, state, or local emergency.
The effective date of the bill is July 1, 2021.
6 S. 471.005(7), F.S.
7 See generally ch. 471, F.S.
8 S. 471.023, F.S.
9 S. 481.203(2), F.S.
10 See generally ch. 481, F.S.
11 S. 481.219, F.S.
12 US Army Corps of Engineers, Urban Search and Rescue Program Fact Sheet, February 2009.
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 B. SECTION DIRECTORY:
Section 1: Creates s. 768.38, F.S., relating to limitation of liability for certain voluntary engineering or
architectural services.
Section 2: Provides an effective date of July 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
None.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill protects specified volunteers from civil liability, which may incentivize such volunteer work
during and after an emergency.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
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 IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 30, 2021, the Civil Justice and Property rights Subcommittee adopted a proposed committee
substitute (PCS) and reported the bill favorably as a committee substitute. The PCS differed from the
original bill in that it:
 Created s. 768.38, F.S., relating to limitation of liability for certain voluntary engineering or
architectural services. The original bill created a new section under ch. 471, F.S., relating to
engineering services during state of emergency.
 Provided civil immunity to engineers, architects, and structures specialists volunteering engineering
or architectural services in conjunction with a specified emergency response team or agency in
response to a declared federal, state, or local emergency, absent gross negligence or willful
misconduct.
 Provided civil immunity to an engineer or architect from another state who is rendering aid in this
state as a member of a mobile support unit of another state.
 Extended civil immunity to a qualified business organization of such engineer, architect, or
structures specialist voluntarily providing engineering services in response to a declared
emergency.
On April 19, 2021, the Judiciary Committee adopted one amendment and reported the bill favorably as a
committee substitute. The amendment clarified that the immunity provided by the bill only applies to
services provided within 90 days of the first declaration of a federal, state, or local emergency.
This analysis is drafted to the committee substitute as passed by the Judiciary Committee.
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