Am I Liable if a Volunteer Gets Hurt at My Nonprofit?

What Florida's volunteer protection law actually says

Florida's Volunteer Protection Act, Fla. Stat. 768.1355, limits a volunteer's own personal liability for ordinary negligence while the volunteer is acting within the scope of a nonprofit's activities. The federal Volunteer Protection Act of 1997 works the same way. Both protect the person volunteering — not your organization.

What the law does not cover

This law has limits. It does not protect your organization. It does not cover gross negligence. And it does not cover driving.

Ordinary negligence by a volunteer, acting within the nonprofit's activities: protected under Fla. Stat. 768.1355.
Gross negligence: not protected.
Driving: not protected by this law.
The organization itself: not protected by this law.

If a volunteer needs to drive

A volunteer driving their own car is covered by their own insurance first. Confirm the volunteer's license and insurance before they drive for you, and ask your insurer about adding non-owned auto coverage.

A volunteer driving your organization's van is covered by your policy only if the policy allows volunteer drivers. Ask your insurer before anyone gets behind the wheel — this tool is not an insurance agent and can be wrong.

If children, seniors or vulnerable adults are involved

Screening is a separate question from liability, but it matters here too. Florida requires Level 2, fingerprint-based background screening under Fla. Stat. ch. 435 for people in positions of trust with children or vulnerable adults, in licensed or specified settings. The Florida Department of Children and Families and the Agency for Health Care Administration administer this for their licensed programs.

For an unlicensed church or nonprofit program, screening is usually a best practice — and often an insurance requirement — rather than a legal mandate. Confirm which applies to your program with DCF or your licensing agency before placing anyone around kids or seniors.

What to do next

Volunteer Match FL is not a lawyer or an insurance agent and can be wrong. Confirm screening requirements with DCF or your licensing agency, and confirm coverage with your insurer, before volunteers work with children, seniors, or drive for you. Nothing you paste is stored.

The free tool reads what your organization actually needs — the task, who is involved, whether driving or screening applies — and gives you the specific rules, the role write-up, and where to post, in English and Spanish.

The full version — $19

Recruiting kit · One role: write-up in three formats, sign-up form, volunteer agreement, screening checklist, thank-you

Use the free tool

Volunteer Match FL gives general guidance about recruiting and screening volunteers in Florida; it can be wrong, and it is not legal or insurance advice. Screening requirements depend on your program's licensing — confirm with the Florida Department of Children and Families or your licensing agency, and coverage with your insurer. Nothing you paste is stored.