Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for SB 72
       
       
       
       
       
       
                                Ì549168OÎ549168                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 3/AD/2R         .                                
             03/18/2021 03:21 PM       .                                
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       Senator Brandes moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 328 - 375
    4  and insert:
    5         (b) Substantial compliance with government-issued health
    6  standards specific to infectious diseases in the absence of
    7  standards specifically applicable to COVID-19;
    8         (c) Substantial compliance with government-issued health
    9  standards relating to COVID-19 or other relevant standards was
   10  not possible due to the widespread shortages of necessary
   11  supplies, materials, equipment, or personnel;
   12         (d) Substantial compliance with any applicable government
   13  issued health standards relating to COVID-19 or other relevant
   14  standards if the applicable standards were in conflict; or
   15         (e) Substantial compliance with government-issued health
   16  standards relating to COVID-19 or other relevant standards was
   17  not possible because there was insufficient time to implement
   18  the standards.
   19         (5) LIMITATIONS PERIOD.—
   20         (a) An action for a COVID-19-related claim against a health
   21  care provider which arises out of the transmission, diagnosis,
   22  or treatment of COVID-19 must commence within 1 year after the
   23  later of the date of death due to COVID-19, hospitalization
   24  related to COVID-19, or the first diagnosis of COVID-19 which
   25  forms the basis of the action.
   26         (b) An action for a COVID-19-related claim against a health
   27  care provider which does not arise out of the transmission,
   28  diagnosis, or treatment of COVID-19, such as a claim arising out
   29  of a delayed or canceled procedure, must commence within 1 year
   30  after the cause of action accrues.
   31         (c) Notwithstanding paragraph (a) or paragraph (b), an
   32  action for a COVID-19-related claim that accrued before the
   33  effective date of this act must commence within 1 year after the
   34  effective date of this act.
   35         (6) APPLICATION PERIOD.—This section applies to claims that
   36  have accrued before the effective date of this act and within 1
   37  year after the effective date of this act.
   38         (7) INTERACTION WITH OTHER LAWS.—
   39         (a) This section does not create a new cause of action but
   40  instead applies in addition to any other applicable provisions
   41  of law, including, but not limited to, chapters 400, 429, 766,
   42  and 768. This section controls over any conflicting provision of
   43  law, but only to the extent of the conflict.
   44         (b) This section does not apply to claims governed by
   45  chapter 440.
   46         Section 3. If any provision of this act or its application
   47  to any person or circumstance is held invalid, the invalidity
   48  does not affect other provisions or applications of the act
   49  which can be given effect without the invalid provision or
   50  application, and to this end the provisions of this act are
   51  severable.
   52         Section 4. This act applies retroactively and
   53  prospectively. However, this act does not apply in a civil
   54  
   55  ================= T I T L E  A M E N D M E N T ================
   56  And the title is amended as follows:
   57         Delete lines 17 - 20
   58  and insert:
   59         providing applicability; providing construction;
   60         providing severability;