If the plaintiff clears those opening hurdles , then the sole issue for the court in phase one is whether the defendant made a “ good faith effort ” to “ substantially comply ” with governmental requirements or guidance in force at the time of the purported COVID-19-related injury . Defendants that made a good faith effort to comply are immune from liability , ending the action . If the plaintiff demonstrates that the defendant did not make the requisite good faith effort , he or she proceeds to step two , wherein the plaintiff must prove by “ clear and convincing evidence ” that the defendant acted with “ at least gross negligence ” in causing the plaintiff ’ s injury . Otherwise , the defendant is immune from liability . behalf of personal injury and trial attorneys and their clients , opposes the bill .
The Carlton Fields Government Law and Consulting Practice will continue to track this legislation as it makes its way through the Florida Legislature . We will provide updates regarding any significant developments and are available to answer questions regarding the bills as the Florida legislative session progresses .
The act provides a one-year statute of limitations for COVID-19-related claims . The one-year limit runs from the effective date of the bill for claims that accrued before its passage . The bill is to take effect upon the governor ’ s signature and retroactively applies its heightened standards to claims that accrued before its passage but were not yet filed . The bill does not , however , apply to actions that were actually commenced before the effective date of the act .
The bill is supported by the Florida Chamber of Commerce , the National Federation of Independent Business , and the Associated Industries of Florida . The Florida Justice Association , which advocates in the Florida Legislature on
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