Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. SB 72 Ì358018/Î358018 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.