We are already in February 2021! Can you believe it? Our Tampa Bay Buccaneers were crowned Super Bowl Champs, spring is upon us, yet we are still wearing masks, vaccinations are being provided to Floridians as fast as possible, yet it still looks a lot like 2020 in many ways.
What’s happening in Florida Legislature?
- New protections for health care providers. A senate committee has successfully cleared legislation on February 10, 2021, that would create COVID-19 liability protections for Florida health care providers. Senate Bill 74 (SB 74) was advanced with a 6-4 vote. The proposal would require plaintiffs to prove a provider acted with “gross negligence or intentional misconduct instead of simple negligence.” Further, the evidentiary standard would also be “clear and convincing evidence” as opposed to the much lower bar of the “greater weight of the evidence.” All in all, the legislation was proposed to provide protections to Florida’s health care industry. Other similar measures are being advanced through the Republican-controlled legislature to extend protections to schools, churches, and businesses.
- Potential immunity from liability. Senate Bill 72 (SB 72) advanced through the Senate Judiciary and would provide liability protection to businesses to be applied retroactively to a newly filed lawsuit. Plaintiffs would be required to obtain affidavits from Florida physicians attesting that defendants’ acts or omissions caused the damages, injuries or deaths. If businesses have “substantially” complied with government-issued health standards or guidance, the business would be immune from liability. A companion bill, House Bill 7 (HB 7) has advanced through the Florida House of Representatives which would raise the bar for personal injury and wrongful death lawsuits stemming from COVID-19 and provide immunity for businesses and entities that made a “good faith” prevention effort.