Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 72
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Rules (Farmer) recommended the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 141 - 151
    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 at a summary judgment hearing
   22  that the defendant complied with such orders and guidelines, the
   23  defendant is immune from liability for ordinary negligence.
   24         c. If the court determines at a summary judgment hearing
   25  that the defendant did not comply with such guidelines and
   26  orders, the plaintiff may proceed with the