Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 7070
       
       
       
       
       
       
                                Ì959540+Î959540                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2021           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Gruters) recommended the following:
       
    1         Senate Amendment to Amendment (502390) (with title
    2  amendment)
    3  
    4         Delete lines 92 - 139
    5  and insert:
    6  nonpublic. The Board of Governors of the State University System
    7  and the State Board of Education are also included within the
    8  immunity protections afforded by this section.
    9         (3)(a) An educational institution that has taken reasonably
   10  necessary actions in compliance with federal, state, or local
   11  guidance to diminish the impact or the spread of COVID-19 may
   12  not be held liable for, and shall be immune from, any civil
   13  damages, equitable relief, or other remedies relating to such
   14  actions. Reasonably necessary actions taken while a state of
   15  emergency was declared for this state for the COVID-19 pandemic
   16  include, but are not limited to, any of the following:
   17         1. Shifting in-person instruction to online or remote
   18  instruction for any period of time.
   19         2. Closing or modifying the provision of facilities, other
   20  than housing or dining facilities, on the campus of the
   21  educational institution.
   22         3. Pausing or modifying ancillary student activities and
   23  services available through the educational institution.
   24         (b) The provision of in-person or on-campus education and
   25  related services is deemed to have been impossible for
   26  educational institutions during any period of time in which such
   27  institutions took reasonably necessary actions described in
   28  paragraph (a) to protect students, staff, and educators in
   29  response to the COVID-19 public health emergency.
   30         (c) As a result of the various governmental orders and the
   31  need for educational institutions to protect their communities,
   32  the reasonably necessary actions described in paragraph (a) are
   33  deemed justified.
   34         (4) In any action against an educational institution, the
   35  Board of Governors of the State University System, or the State
   36  Board of Education for the reimbursement of tuition or fees,
   37  invoices, catalogs, and general publications of an educational
   38  institution are not evidence of an express or implied contract
   39  to provide in-person or on-campus education and related services
   40  or access to facilities during the COVID-19 public health
   41  emergency.
   42         (5)(a) This section does not apply to losses or damages
   43  that resulted solely from a breach of an express contractual
   44  provision allocating liability in the event of a pandemic event.
   45         (b) This section does not apply to losses or damages caused
   46  by an act or omission of a college or university which was in
   47  bad faith or malicious.
   48         (6) If any aspect of the immunity under subsection (3) is
   49  limited by a court or by operation of law from applying to
   50  certain types of claims or causes of action, the immunity under
   51  this section must still be provided to the fullest extent
   52  authorized by law to any other types of claims or causes of
   53  action.
   54         (7) If an educational institution is required by federal,
   55  state, or local order or a directive of the Board of Governors
   56  of the State University System or the State Board of Education
   57  issued in response to the COVID-19 public health emergency to
   58  alter the mode of delivery of instruction and related services
   59  or access to facilities, the burden of proof for
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 162 - 164
   64  and insert:
   65         actions are deemed justified; providing that certain
   66         publications of educational institutions are not
   67         evidence of an express or implied contract to provide
   68         specified