Florida Volunteer Protection Act: Coverage, Exclusions, and Federal Overlay

Florida’s Volunteer Protection Act, found at section 768.1355 of the Florida Statutes, generally shields unpaid volunteers from being sued personally when something goes wrong, as long as they were acting in good faith, within the scope of their assigned duties, and behaving the way a reasonably careful person would have. A second law, the federal Volunteer Protection Act of 1997, layers on top of it and reaches further, covering ordinary mistakes as long as the conduct did not slip into gross negligence or intentional wrongdoing. Together, the two statutes mean a volunteer who makes an honest error while serving a qualifying nonprofit or government entity usually cannot be held personally liable, though the organization itself still can.¹²

Who the Law Treats as a Volunteer

Under section 768.1355, a volunteer is a person who performs services for a qualifying organization without compensation. Unpaid officers and directors of nonprofits are included. While carrying out official duties, a qualifying volunteer is treated as an agent of the organization.¹

“Compensation” has some carve-outs that matter. Reimbursement for actual out-of-pocket expenses, such as mileage or supplies, does not count. Neither does a stipend under the Domestic Service Volunteer Act of 1973, nor other financial assistance worth less than two-thirds of the federal hourly minimum wage (roughly $4.83 per hour based on the $7.25 federal minimum), provided the person would otherwise be unable to afford to volunteer. Cross any of those lines and the law treats you as a paid worker, and the shield drops.¹

Qualifying Organizations

The statute defines a nonprofit as any entity exempt from tax under 26 U.S.C. § 501, plus any federal, state, or local government entity.¹ Section 501 reaches well past 501(c)(3) charities and covers roughly 30 categories of tax-exempt groups, including civic leagues, labor organizations, trade associations, social clubs, and fraternal societies.³ A youth sports coach at a 501(c)(3) and a board member at a local chamber of commerce (typically a 501(c)(6)) are both covered.

What the Florida Statute Protects You From

To claim personal immunity under Florida law, two things have to be true. You were acting in good faith, within the scope of your official duties, and behaving as an ordinary, reasonably careful person would have under the same circumstances. And the harm was not caused by wanton or willful misconduct.¹

Read that carefully. The “reasonably prudent person” standard is the textbook definition of non-negligence. If a court concludes your behavior fell below what a reasonable person would have done, you have been found negligent, and the Florida statute by its own terms does not protect you. The state shield applies when you met the standard of care and something still went wrong.

“Scope of official duties” means tasks the organization authorized or reasonably expected you to perform. Step away from your assigned role to handle something personal, and the statute no longer follows you.

What Voids the Florida Protection

Wanton or willful misconduct is the Florida line. The statute does not define those terms, but Florida courts have long read wanton misconduct as a conscious disregard for the safety of others, closer to knowing something is dangerous and doing it anyway than to simple carelessness. Willful misconduct goes further still, meaning the person intended to cause harm or knew with near certainty that harm would result.¹

Notice what the Florida statute does not exclude. It contains no explicit carve-out for operating vehicles, boats, or aircraft, and no explicit exclusion for intoxication. Those live in the federal law instead, and some summaries blur the two together.

The Federal Layer Goes Further

The federal Volunteer Protection Act of 1997 (42 U.S.C. §§ 14501–14505) applies alongside the Florida statute. States can opt out by passing a specific statute invoking that authority, but Florida has not. Florida volunteers therefore get the benefit of whichever law is more protective on any given point.²

The federal law goes further on ordinary negligence. It shields volunteers from liability for harm that does not amount to willful or criminal misconduct, gross negligence, reckless misconduct, or conscious indifference to the safety of others.⁴ In practice, even if your conduct would not satisfy the Florida statute’s “reasonably prudent person” test, the federal law can still protect you as long as you did not cross into gross negligence or worse.

When Neither Law Will Protect You

The federal statute names specific situations where its protection drops out entirely:

Harm caused while operating a motor vehicle, vessel, or aircraft that requires an operator’s license or insurance under state law.⁴
A conviction for a crime of violence or an act of international terrorism.
Misconduct that constitutes a hate crime under federal law.
A state-law conviction for a sexual offense.
A finding that the volunteer violated a federal or state civil rights law.
Harm caused while the volunteer was under the influence of alcohol or drugs.⁵

The federal statute also adds a licensing requirement the Florida law does not. If your volunteer activity requires a professional license, you must actually hold the proper license or certification in the state where the harm occurred. A retired physician volunteering at a free clinic needs a current Florida medical license; if it has lapsed, so has the federal shield.⁶

The Organization Still Can Be Sued

Protecting the volunteer does not erase the injury. Section 768.1355 explicitly transfers the liability: when a volunteer is found not personally liable, the nonprofit or government entity the volunteer was serving becomes liable for the same damages, to the same extent it would have been without the volunteer’s immunity.¹ An injured party still has a defendant with resources; the volunteer’s personal assets simply are not it.

The federal law reinforces this by stating that nothing in it affects the liability of the nonprofit or government entity itself for harm caused by its volunteers.⁴ For organizations, that is the reason to train volunteers properly, keep safety protocols in place, and carry liability insurance.

A Note on Elected and Appointed Board Members

If you serve on an elected or appointed state, county, municipal, authority, or special district board, council, or commission, your protection runs through a different route. Section 768.1355 extends civil immunity and protection from suit to those members under Florida’s sovereign immunity statute, section 768.28, for acts or omissions tied to their official duties.¹

Practical Steps If You Volunteer in Florida

Stay inside the role the organization asked you to perform. The moment you step outside it, both the state and federal shields weaken. Do not volunteer while impaired by alcohol or drugs; the federal exclusion is categorical. If your role requires a professional license, confirm yours is current in Florida before you serve. And accept reimbursement only for actual expenses or amounts within the statutory stipend limits, because once you cross into compensation the law stops treating you as a volunteer.

No statute, state or federal, protects a volunteer who intentionally harms someone. Short of that, the two laws together give Florida volunteers meaningful cover for the kinds of honest mistakes that come with showing up to help.

1
Florida Senate. Florida Code 768.1355 – Florida Volunteer Protection Act
2
Office of the Law Revision Counsel. 42 USC Ch. 139 – Volunteer Protection
3
Office of the Law Revision Counsel. 26 USC 501 – Exemption From Tax on Corporations, Certain Trusts, Etc.
4
Office of the Law Revision Counsel. 42 USC 14503 – Limitation on Liability for Volunteers
5
Connecticut General Assembly. Federal Volunteer Immunity Act of 1997
6
GovInfo. Volunteer Protection Act of 1997