HB 7 — Civil Liability for Damages Relating to COVID-19

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 A bill to be entitled An act relating to civil liability for damages relating to COVID-19;

definingproviding terms;definitions;

WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52 declaring a state of emergency for the State of Florida due to the COVID-19 pandemic, and WHEREAS, in light of the ongoing nature of the COVID-19 pandemic, the Governor has repeatedly extended the state of emergency, including most recently on December 29, 2020, in Executive Order Number 20-316, and WHEREAS, the State of Florida continues under a declared state of emergency, and WHEREAS, throughout the declared state of emergency, the Governor's executive orders included industry-specific restrictions to prevent the spread of COVID-19 based on the best information available at the time, allowing and encouraging certain businesses to continue to safely operate, and Page 1 of 78 CODING:

hb0007-00hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 WHEREAS, a strong and vibrant economy is essential to ensure that Floridians may continue in their meaningful work and ultimately return to the quality of life they enjoyed before the COVID-19 outbreak, and WHEREAS, Floridians must be allowed to earn a living and support their families without unreasonable government intrusion, and WHEREAS, the Governor's responsible reopening strategy allowed businesses to continue to safely operate, bolstering consumer confidence, while also enforcing reasonable restrictions, and WHEREAS, the Legislature recognizes that certain businesses, entities, and institutions operating within the state are essential to the state's continuing success and well- being, and WHEREAS, the Legislature recognizes that many businesses, entities, and institutions accept significant risk in order to provide their services to the public, and WHEREAS, the Legislature further recognizes that the threat of frivolous and potentially limitless civil liability, especially in the wake of a pandemic, causes businesses, entities, and institutions to react in a manner detrimental to the state's economy and residents, and WHEREAS, the Legislature recognizes that practical, bright- line guidance protecting prudent businesses, entities, and Page 2 of 78 CODING:

hb0007-00hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 institutions significantly alleviates such liability concerns, while also continuing to provide for the public health, and WHEREAS, the Legislature finds that the unprecedented and rare nature of the COVID-19 pandemic, together with the indefinite legal environment that has followed, requires the Legislature to act swiftly and decisively, NOW, THEREFORE, Be It Enacted by the Legislature of the State of Florida:

Therefore, the Legislature intends for certain business entities, educational institutions, governmental entities, and religious institutions to enjoy heightened legal protections against liability as a result of Page 3 of 78 CODING:

hb0007-00hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 the COVID-19 pandemic.

(c) "Educational institution" means a school, including a preschool, elementary school, middle school, junior high school, Page 4 of 78 CODING:

hb0007-00hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 secondary school, career center, or postsecondary school, whether public or nonpublic.

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hb0007-00hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 7 2021 7.

8.

A provider licensed under chapter 394 or chapter 397 and its clinical and nonclinical staff providing inpatient or outpatient services.

9.

A continuing care facility licensed under chapter 651.

10.

A pharmacy permitted under chapter 465.

During this stage of the proceeding, admissible evidencePage is6 limitedof to8 evidenceCODING: tending to demonstrate whether the defendant made such a good faith effort.

Words stricken are deletions;

words underlined are additions.

hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7 2021 evidence is limited to evidence tending to demonstrate whether the defendant made such a good faith effort.

If more than one source or set of standards or guidance was authoritative or controlling at the time the cause of action accrued, the defendant's good faith effort to substantially comply with any one of those sources or sets of standards or guidance confers such immunity from civil liability.

If the court determines that the defendant did not make Pagesuch 6a ofgood 7faith CODING:effort, the plaintiff may proceed with the action.

Words stricken are deletions;

words underlined are additions.

hb0007-00 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HB 7 2021 such a good faith effort, the plaintiff may proceed with the action.

(4) A plaintiff must commence a civil action for a COVID-19-relatedCOVID- 19-related claim mustwithin be1 commencedyear after the cause of action accrues or within 1 year after the effective date of this act if the cause of action accrues.accrued before the effective date of this act.

However, a plaintiff whose cause of action for a COVID-19- related claim accrued before the effective date of this act must commence such action within 1 year of the effective date of this act.

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application,Page and7 to this end the provisions of this8 actCODING: are severable.

Words stricken are deletions;

words underlined are additions.

hb0007-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 7 2021 application, and to this end the provisions of this act are severable.

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