Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 74
       
       
       
       
       
       
                                Ì760716-Î760716                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                                       .                                
                                       .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Book) recommended the following:
       
    1         Senate Amendment to Amendment (395520) (with title
    2  amendment)
    3  
    4         Between lines 251 and 252
    5  insert:
    6         Section 3. Section 768.39, Florida Statutes, is created to
    7  read:
    8         768.39 Immunity for educational institutions for actions
    9  related to the COVID-19 pandemic.—
   10         (1) For the purposes of this section, the term “educational
   11  institution” has the same meaning as in s. 768.38(2).
   12         (2) An educational institution that has taken reasonably
   13  necessary actions in compliance with federal, state, or local
   14  guidance to diminish the impact or the spread of COVID-19 may
   15  not be held liable for, and shall be immune from, any civil
   16  damages, equitable relief, or other remedies relating to such
   17  actions. Reasonably necessary actions taken while a state of
   18  emergency was declared for this state for the COVID-19 pandemic
   19  include, but are not limited to, any of the following:
   20         (a) Shifting in-person instruction to online or remote
   21  instruction for any period of time;
   22         (b) Closing or modifying the provision of residential
   23  housing, dining, or other facilities on the campus of the
   24  educational institution; or
   25         (c) Pausing or modifying ancillary student activities and
   26  services available through the educational institution.
   27         (3) The provision of in-person or on-campus education and
   28  related services is deemed to have been impossible for
   29  educational institutions to provide for any period of time in
   30  which such institutions took reasonably necessary actions
   31  described in subsection (2) to protect students, staff, and
   32  educators in response to the COVID-19 pandemic. As a result of
   33  the various governmental orders and the need for educational
   34  institutions to protect their communities, the reasonably
   35  necessary actions described in subsection (2) are deemed to have
   36  been justified.
   37         (4) If any aspect of the immunity under subsection (2) is
   38  limited by a court or by operation of law from applying to
   39  certain types of claims or causes of action, the immunity under
   40  this section must still be provided to the fullest extent
   41  authorized by law to any other types of claims or causes of
   42  action.
   43         (5) This section shall apply retroactively to causes of
   44  actions accruing on or before March 9, 2020.
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete line 288
   49  and insert:
   50         providing applicability; creating s. 768.39, F.S.;
   51         defining the term “educational institution”; providing
   52         educational institutions with immunity from civil
   53         liability under certain circumstances; specifying that
   54         the provision of in-person or on-campus education and
   55         related services is deemed impossible during a
   56         specified timeframe; specifying that certain actions
   57         taken by educational institutions are deemed to have
   58         been justified; providing construction; providing for
   59         retroactive application; providing severability;