Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 72
       
       
       
       
       
       
                                Ì254800tÎ254800                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Rouson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 141 - 157
    4  and insert:
    5         2. The defendant is immune from civil liability if the
    6  defendant pleads immunity. A defendant may plead immunity at any
    7  stage of the proceeding. A defendant is immune from civil
    8  liability for ordinary negligence if the court determines that
    9  the defendant complied with all applicable executive orders
   10  issued by the Governor in association with the declared state of
   11  emergency relating to COVID-19 and any guidelines from the
   12  Centers for Disease Control and Prevention applicable at the
   13  time the cause of action accrued.
   14         a. At a summary judgment hearing on the issue of immunity,
   15  evidence is limited to evidence that demonstrates whether the
   16  defendant complied with all applicable executive orders issued
   17  by the Governor in association with the declared state of
   18  emergency relating to COVID-19 and any guidelines from the
   19  Centers for Disease Control and Prevention applicable at the
   20  time the cause of action accrued.
   21         b. If the court determines that the defendant did not
   22  comply with such guidelines and orders, the plaintiff may
   23  proceed with the action. However, absent at least gross
   24  negligence proven by clear and convincing evidence, the
   25  defendant is not liable for any act or omission relating to a
   26  COVID-19-related claim.
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29  And the title is amended as follows:
   30         Delete lines 6 - 7
   31  and insert:
   32         on a COVID-19-related claim;