On March 29, 2021, Governor Ron DeSantis signed Senate Bill 72, which protects Florida businesses from lawsuits claiming COVID-19 injuries or damages, effective immediately.

The legislature sites a strong and vibrant economy is essential and that potentially limitless civil liability, especially in the wake of a pandemic, could cause businesses, entities, and institutions to react in a manner detrimental to the state’s economy and residents. The new law intends for certain business and governmental entities along with educational and religious institutions, to enjoy heightened legal protections against liability as a result of the COVID-19 pandemic.

Q: How does this impact businesses?

The new law creates notable legal obstacles for plaintiffs to pursue COVID-19 related lawsuits against businesses. In short, the law protects businesses that made a good faith effort to comply with government issued health standards, to include CDC guidelines, and state and local guidelines.

For non-health care providers, a complaint must include an affidavit from an active physician asserting the COVID-19 related damages, injury, or death occurred as a result of the business’s actions or omissions. Should the plaintiff fail to comply with these requirements, the court must dismiss the lawsuit. If the court determines that the business made a good faith effort to comply with set standards, it is immune from civil liability. Even if the business lacked good faith efforts to comply, it is the plaintiff’s burden to prove, by clear and convincing evidence, that the business acted with gross negligence.

For health care providers, a complaint must be pled with particularity, but no physician’s affidavit is required. A plaintiff also faces a heightened burden to demonstrate that the health care provider was grossly negligent or engaged in intentional misconduct to bring a successful claim. The bill strengthens affirmative defenses for health care providers that substantially complied with and relied upon health standards, effectively providing them civil immunity if the provider can prove one or more of their affirmative defenses by the greater weight of the evidence.

A one-year statute of limitations applies to COVID-19 related lawsuits. For a cause of action that occurred before March 29, 2021, the statute of limitations would begin on the effective date.

Matthew Naples | Claims Consultant |BKS-Partners| E Matthew.Naples@bks-partners.com

This material has been prepared for informational purposes only.

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