State legislators returned to Tallahassee on Jan. 11 for the first week of committee meetings. With revenues down and a vaccine rollout underway, an ongoing coronavirus pandemic will be on the minds of senators and representatives as they gear up for legislative session, which begins March 2.
Legislators are convening for five weeks of committee meetings as a few bills were recently filed. Here are a few notable proposals filed in the House and Senate.
HOUSE BILL 7 and SENATE BILL 72
Legislation provides several COVID-19-related liability protections for businesses, educational institutions, government entities, religious organizations and other entities. Under the bill, a covered entity that makes a good faith effort to substantially comply with applicable COVID-19 guidance is immune from civil liability from a COVID-19-related civil action. The bill also provides that for any COVID-19-related civil action against a covered entity, a plaintiff must clearly plead his or her complaint and submit a physician’s affidavit confirming the physician’s belief that the plaintiff’s COVID-19-related injury occurred because of the defendant’s conduct. They must also prove, by clear and convincing evidence, that the defendant was negligent in applying COVID-19 protective measures. The bill’s liability protections do not apply to a health care provider, such as a hospital, nursing home, assisted living facility or other health care-related entity. The bill provides a one-year statute of limitations for COVID-19-related claims. For a plaintiff whose cause of action has already accrued, the one-year period does not begin to run until the bill becomes effective. The bill is sponsored by Rep. Lawrence McClure, a Republican who represents Hillsborough County, and state Sen. Jeff Brandes, a Republican who represents Pinellas County.
HOUSE BILL 9
Legislation would prohibit a person from knowingly and willfully making a false or misleading statement or disseminating false or misleading information regarding the availability of, or access to, a vaccine for COVID-19 or any other pandemic disease in marketing or advertising materials; on a website, social media platform, or other media; or by telephone, text message, mail, or e-mail, for the purpose of obtaining another’s personal identification information or money or other valuable consideration. A first offense is a third-degree felony, and a second or subsequent offense is a second-degree felony. The bill authorizes the Florida attorney general to initiate a civil action for an injunction, restraining order, or other appropriate relief. This authority allows the attorney general to shut down websites or other media platforms disseminating false information about a vaccine for COVID-19 or any other pandemic disease, when done with fraudulent intent. The bill is sponsored by Rep. Ardian Zika, a Republican who represents Pasco County.
SENATE 426
The bill proposed by state Republican Sen. Jim Boyd will be watched closely by officials in Key West, especially after voters in November approved changes to the city’s charter that would require significant reductions to the number, size and capacity of cruise ships visiting the Southernmost City. Boyd’s legislation would not allow a local government to restrict or regulate seaports in the state, including the regulating or restricting of a vessel’s type or size, source or type of cargo. “Allowing each local government in which a Florida seaport is located to impose its own requirements on the maritime commerce conducted in that port could result in abrupt changes in vessel traffic, frustrating the multi-year planning process for all Florida seaports and the assumptions and forecasts underlying federal and state financing of port improvement projects,” the bill states. No related bill has been filed in the House yet.
SENATE BILL 44
Sponsored by state Republican Sen. Tom Wright, of Brevard and Volusia counties, the bill would expand the authorized uses of drones by law enforcement agencies, by a state agency or political subdivision, or by certified fire department personnel for specified purposes.
HOUSE BILL 75
Sponsored by state Rep. Michael Greico, a Democrat, legislation would require school districts to make feminine hygiene products available, at no charge, in female restroom facilities of public school buildings.
