Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 72
       
       
       
       
       
       
                                Ì645490/Î645490                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                Floor: 4/F/2R          .                                
             03/18/2021 03:12 PM       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       Senator Thurston moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 365 - 366
    4  and insert:
    5         (c) For COVID-19-related claims governed by chapter 112 or
    6  chapter 440 and any other claims for benefits provided by law to
    7  individuals suffering injury or illness in the course and scope
    8  of employment, the following individuals are presumed to have
    9  contracted COVID-19 in the course and scope of their employment:
   10         1. A person licensed under chapter 458, chapter 459,
   11  chapter 461, chapter 463, chapter 464, chapter 465, chapter 466,
   12  or chapter 483;
   13         2. An employee of a:
   14         a. Facility licensed, certified, or approved by any state
   15  agency and for which chapter 395, chapter 400, chapter 429, or
   16  chapter 766 applies;
   17         b. Federally qualified health center as defined in 42
   18  U.S.C. s. 1396d(l)(2)(B); or
   19         c. Sole proprietorship, group practice, partnership, or
   20  corporation that provides health care services by physicians
   21  covered by s. 627.419, that is directly supervised by one or
   22  more of such physicians, and that is wholly owned by one or more
   23  of those physicians or by a physician and the spouse, parent,
   24  child, or sibling of that physician;
   25         3. An emergency medical technician as defined in s.
   26  401.23(11);
   27         4. A paramedic as defined in 401.23(17);
   28         5. A law enforcement officer as defined in s. 112.531(2);
   29  or
   30         6. A firefighter as defined in s. 112.81(1).
   31         (d) The presumption in paragraph (c) may be rebutted if the
   32  defendant proves by clear and convincing evidence that the
   33  individual’s infection did not arise out of the course and scope
   34  of his or her employment.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37  And the title is amended as follows:
   38         Delete line 20
   39  and insert:
   40         creating a certain presumption for COVID-19-related
   41         claims of certain employees which are governed by
   42         certain other provisions; providing that such
   43         presumption may be rebutted under certain
   44         circumstances; providing severability;