As a follow-up to our previous legislative updates regarding COVID-19 liability immunity legislation, the Florida House is poised to take up CS/SB 72, Liability for Damages Relating to COVID-18 on the floor today. We expect the House to pass this legislation tomorrow and approve final passage and send it to the Governor. It will become effective upon signing by the Governor which could occur any time following passage by the House.
The FJA lobby team and leaders have continued to work hard to limit and minimize the broad-based immunities in this bill, but these efforts have been rebuffed at every stop along the way. The FJA will continue to make every effort to secure changes that would lessen the impact to the citizens of Florida. However, we expect a bill will be passed and sent to the Governor in very short order that will provide very broad immunities for businesses, healthcare providers, and insurance companies. Below is a brief summary of the effects of this bill:
This bill will apply to any civil action not commenced before the effective date of the bill, which is upon the signature of the Governor. The applicability provision provides:
Section 4. This act applies retroactively and prospectively. However, this act does not apply in a civil action against a particular named defendant which is commenced before the effective date of this act.
A COVID-19-related claim is any claim for civil liability arising from COVID-19. This includes claims against businesses, and medical malpractice and nursing homes claims. Given the very broad definition there are also concerns that this legislation could be interpreted to apply to business interruption claims by business owners against their insurance company, claims related to elective medical procedures and injuries that the defense alleges are caused by staffing and supply shortages.
Creates Additional Procedures Applicable to “COVID-19-related Claims” in addition to the procedures in Ch. 400, 429, 766, and 768, and supersedes any conflicts in those chapters.
The new procedures include a “physician affidavit” to determine causation at the time a claim is filed, and then provides complete immunity for non-health care claims upon a showing of that the defendant made a good faith effort to substantially comply with any authoritative or controlling government issued health standards or guidance.
Statute of Limitations is reduced to 1 year from the effective date of the legislation and applies to all future Covid-19-related claims.
Provides complete immunity for non-health care claims upon a showing that the defendant made a good faith effort to substantially comply with any authoritative or controlling government issued health standards or guidance.
Requires a plaintiff in a Covid-19 business-related claim to prove gross negligence by clear and convincing evidence.
Requires a plaintiff in Covid 19 claims against healthcare providers and nursing homes to prove gross negligence or intentional misconduct and outlines affirmative defenses that if proven would immunize defendants.
We are attaching CS/SB 72 as first engrossed and will pass along any final version to be sent to the Governor.
