Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 72
       
       
       
       
       
       
                                Ì435730ÄÎ435730                         
       
                              LEGISLATIVE ACTION                        
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       Senator Book moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 366 and 367
    4  insert:
    5         Section 3. Section 768.39, Florida Statutes, is created to
    6  read:
    7         768.39 Immunity for educational institutions for actions
    8  related to the COVID-19 pandemic.—
    9         (1) For the purposes of this section, the term “educational
   10  institution” has the same meaning as in s. 768.38(2).
   11         (2) An educational institution that has taken reasonably
   12  necessary actions in compliance with federal, state, or local
   13  guidance to diminish the impact or the spread of COVID-19 may
   14  not be held liable for, and shall be immune from, any civil
   15  damages, equitable relief, or other remedies relating to such
   16  actions. Reasonably necessary actions taken while a state of
   17  emergency was declared for this state for the COVID-19 pandemic
   18  include, but are not limited to, any of the following:
   19         (a) Shifting in-person instruction to online or remote
   20  instruction for any period of time;
   21         (b) Closing or modifying the provision of residential
   22  housing, dining, or other facilities on the campus of the
   23  educational institution; or
   24         (c) Pausing or modifying ancillary student activities and
   25  services available through the educational institution.
   26         (3) The provision of in-person or on-campus education and
   27  related services is deemed to have been impossible for
   28  educational institutions to provide for any period of time in
   29  which such institutions took reasonably necessary actions
   30  described in subsection (2) to protect students, staff, and
   31  educators in response to the COVID-19 pandemic. As a result of
   32  the various governmental orders and the need for educational
   33  institutions to protect their communities, the reasonably
   34  necessary actions described in subsection (2) are deemed to have
   35  been justified.
   36         (4) If any aspect of the immunity under subsection (2) is
   37  limited by a court or by operation of law from applying to
   38  certain types of claims or causes of action, the immunity under
   39  this section must still be provided to the fullest extent
   40  authorized by law to any other types of claims or causes of
   41  action.
   42         (5) This section shall apply retroactively to causes of
   43  actions accruing on or after March 9, 2020.
   44  
   45  ================= T I T L E  A M E N D M E N T ================
   46  And the title is amended as follows:
   47         Delete line 20
   48  and insert:
   49         providing applicability; creating s. 768.39, F.S.;
   50         defining the term “educational institution”; providing
   51         educational institutions with immunity from civil
   52         liability under certain circumstances; specifying that
   53         the provision of in-person or on-campus education and
   54         related services is deemed impossible during a
   55         specified timeframe; specifying that certain actions
   56         taken by educational institutions are deemed to have
   57         been justified; providing construction; providing for
   58         retroactive application; providing severability;