A bill to protect Florida businesses, houses of worship, government agencies and health care providers from frivolous COVID-19-related lawsuits became the first measure of the 2021 legislative session to be sent to the governor.
Senate Bill 72, a combination of two bills, passed the Florida House of Representatives Friday on an 83-31 vote. The bill, which has been a top priority of business groups in the state, previously won the Senate’s OK on a vote of 24-15.
Gov. Ron DeSantis has signaled that he would sign the legislation once it reaches his desk.
“Today’s passage of Florida Chamber-backed COVID-19 liability protections brings the certainty that businesses and health care facilities have needed for the last year, that after doing their best to keep employees, customers and patients safe, they won’t be facing frivolous lawsuits from opening their doors,” the chamber’s president and CEO, Mark Wilson, said in a statement emailed to the Florida Record. “This will certainly help in the continuing relaunch of our economy, and we are encouraged by Gov. Ron DeSantis’ State of the State speech that he will sign this important bill.”
The bill’s coronavirus legal liability protections would apply to those organizations that have substantially followed government health and safety guidelines during the pandemic to ensure the safety of customers, workers and patients. SB 72 would be retroactive to the beginning of the crisis but would not affect civil lawsuits that were filed prior to its enactment.
The bill, however, has different provisions for businesses compared to health care providers. For businesses, a plaintiff bringing a coronavirus-related lawsuit would require a physician’s affidavit indicating that the defendant caused the plaintiff’s damages, injury or death, according to the legislature staff’s analysis of the bill.
In addition, a plaintiff would have a high burden of proof because the defendant’s action would need to be considered “grossly negligent by the clear and convincing evidence standard,” the analysis states.
In contrast, lawsuits against health care providers do not have to be supported by a doctor’s affidavit alleging the defendant’s actions caused the plaintiff’s damages. Also, the clear and convincing evidence standard would not apply in such cases.
Under the provisions of SB 72, coronavirus-related lawsuits must be filed within a year of the disputed incident, unless the cause of action takes place before the date the bill becomes law. In the latter case, the plaintiff could file a lawsuit within a year of the enactment of the bill.