Florida Legislation Protects Businesses From COVID-19 Lawsuits
By Ben Stearns , Carlton Fields
Legislation providing businesses and other institutions protection from civil liability for COVID-19 claims has been introduced into both houses of the Florida Legislature . The bills ( HB 7 , sponsored by Rep . Lawrence McClure , and SB 72 , sponsored by Sen . Jeff Brandes ) are identical and are on the “ fast track ” through the Legislature , according to House Speaker Chris Sprowls , who has described the legislation as “ the most aggressive liability protection bill in the nation .” HB 7 was approved by three House Committees and is available for House floor action . SB 72 was approved on January 25 by S . Judiciary and has two committees left before reaching the Senate floor .
The bills provide a “ safe harbor ” from liability for COVID-19-related claims for businesses , governmental entities , educational institutions , and religious organizations that make “ a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance .” The bill applies to any claim for damages , injury , or death , regardless of how the claim is described , that “ arises from or is related to COVID-19 .” Liability protections for health care providers and hospitals will be addressed in separate , stand-alone legislation that has yet to be released . “ There is an incredible amount of detail that needs to go into the health care issue , and that needs to take a little more time ,” according to Sen . Brandes .
HB 7 and SB 72 create a two-step legal process for addressing COVID-19-related claims , with the first step focused on weeding out legitimate claims from frivolous claims , and step two addressing damages . Before a plaintiff can proceed to step two , the court must determine that the plaintiff has met a more rigorous pleading standard than typically applied to civil claims , specifically that the claim be “ pleaded with particularity .” The plaintiff must also file with the complaint an affidavit signed by a Florida-licensed physician attesting to the physician ’ s belief , within a reasonable degree of medical certainty , that the plaintiff ’ s injury resulted directly from the defendant ’ s acts or omissions .
The bills provide a “ safe harbor ” from liability for COVID-19- related claims for businesses , governmental entities ,
12 DITCHMEN • FEBRUARY 2021