SB 542                                           First Engrossed
    1                        A bill to be entitled                      
    2         An act relating to evidentiary standards for actions
    3         arising during an emergency; creating s. 448.111,
    4         F.S.; providing a definition; providing that specified
    5         actions taken by a business during certain declared
    6         emergencies may not be used as evidence in certain
    7         civil causes of action; providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 448.111, Florida Statutes, is created to
   12  read:
   13         448.111 Evidentiary standards for actions of a business
   14  during an emergency.—
   15         (1) For purposes of this section, the term “engaged
   16  individual” means an individual who provides a good or service
   17  to a business or on behalf of a business and who is remunerated
   18  for the good or service regardless of the individual’s
   19  classification as an employee or independent contractor.
   20         (2) Notwithstanding any other law, the following actions of
   21  a business, if taken during a public health emergency declared
   22  by the State Health Officer under s. 381.00315 or a state of
   23  emergency declared by the Governor under s. 252.36, may not be
   24  used as evidence in a civil cause of action brought under s.
   25  440.10, s. 440.192, s. 440.38, s. 440.381, s. 448.103, s.
   26  448.110, s. 448.25, chapter 532, or s. 717.115, or in a civil
   27  cause of action, as provided for under general law, to recover
   28  lost wages, salary, employment benefits, or other compensation,
   29  because an individual has not been properly classified as an
   30  employee:
   31         (a) Providing financial assistance to previously engaged
   32  individuals who are unable to work because of health and safety
   33  concerns.
   34         (b) Directly providing benefits that are related to the
   35  health and safety of engaged individuals, including medical or
   36  cleaning supplies, personal protective equipment, health checks,
   37  or medical testing.
   38         (c) Providing training or information related to the health
   39  and safety of engaged individuals or the public.
   40         (d) Taking any action, including action required or
   41  suggested by any federal, state, or local law, ordinance, order,
   42  or directive which is intended to protect public health and
   43  safety.
   44         Section 2. This act shall take effect July 1, 2022.