SB 542 First Engrossed 2022542e1 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. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 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.