Florida Senate - 2022                                     SB 542
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00329A-22                                           2022542__
    1                        A bill to be entitled                      
    2         An act relating to evidentiary standards for actions
    3         arising during an emergency; creating s. 448.111,
    4         F.S.; defining the term “engaged individual”;
    5         prohibiting certain actions taken by a business during
    6         a public health emergency from being used as evidence
    7         in certain civil causes of action; providing an
    8         effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 448.111, Florida Statutes, is created to
   13  read:
   14         448.111 Evidentiary standards for actions of a business
   15  during an emergency.—
   16         (1) For purposes of this section, the term “engaged
   17  individual” means an individual who provides a good or service
   18  to a business or on behalf of a business and who is remunerated
   19  for the good or service, regardless of the individual’s
   20  classification as an employee or independent contractor.
   21         (2) Notwithstanding any other law, the following actions of
   22  a business, if taken during a public health emergency declared
   23  by the State Health Officer under s. 381.00315, may not be used
   24  as evidence in a civil cause of action brought under s. 440.10,
   25  s. 440.192, s. 440.38, s. 440.381, s. 448.103, s. 448.110, s.
   26  448.25, chapter 532, or s. 717.115, or in a civil cause of
   27  action to recover lost wages, salary, employment benefits, or
   28  other compensation, because an individual has not been properly
   29  classified as an employee:
   30         (a) Providing financial assistance to previously engaged
   31  individuals who are unable to work because of health and safety
   32  concerns.
   33         (b) Directly providing benefits related to the health and
   34  safety of engaged individuals, including medical or cleaning
   35  supplies, personal protective equipment, health checks, or
   36  medical testing.
   37         (c) Providing training or information related to the health
   38  and safety of engaged individuals or the public.
   39         (d) Taking any action, including action required or
   40  suggested by any federal, state, or local law, ordinance, order,
   41  or directive, which is intended to protect public health and
   42  safety.
   43         Section 2. This act shall take effect July 1, 2022.