Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 72
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Commerce and Tourism (Pizzo) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 141 - 157
    4  and insert:
    5         2. The defendant is immune from civil liability. The
    6  defendant is immune from civil liability if the defendant
    7  complied with all applicable executive orders issued by the
    8  Governor in association with the declared state of emergency for
    9  COVID-19 and any guidelines from the Centers for Disease Control
   10  and Prevention applicable at the time the cause of action
   11  accrued. The defendant may plead immunity at any stage of the
   12  proceeding.
   13         a. At a summary judgment hearing on the issue of immunity,
   14  evidence is limited to evidence tending to demonstrate whether
   15  the defendant complied with all applicable executive orders
   16  issued by the Governor in association with the declared state of
   17  emergency for COVID-19 and any guidelines from the Centers for
   18  Disease Control and Prevention applicable at the time the cause
   19  of action accrued.
   20         b. If the court determines at a summary judgment hearing
   21  that the defendant complied with the executive orders and
   22  guidelines, the defendant is immune from civil liability for
   23  ordinary negligence.
   24         c. If the court determines at a summary judgment hearing
   25  that the defendant did not comply with the executive orders and
   26  guidelines, the plaintiff may proceed with the action. However,
   27  absent at least gross negligence proven by clear and convincing
   28  evidence, the defendant is not civilly liable for any act or
   29  omission relating to a COVID-19-related claim.
   30         (d) The burden of proof is upon the plaintiff to
   31  demonstrate that the defendant did not comply with the executive
   32  orders and guidelines under subparagraph (c)2.