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Mr. Michael A. Berg Chairman Florida Criminal Justice Standards and Training Commission Post Office Box 1489 Tallahassee, Florida 32302

Dear Mr. Berg:

You have asked for my opinion on the following questions:

1. Does a law enforcement officer have a legal duty to provide aid to ill, injured, and distressed persons, who are not in police custody, during an emergency?

a. If yes, are the provisions of s. 768.13, F.S., as amended by Ch. 89-71, Laws of Florida, the Good Samaritan Act, applicable to officers acting within the scope of their employment?

b. If no, is s. 768.13, F.S., supra, applicable?

2.…