Florida Senate OKs bill shielding businesses, including healthcare, from COVID suits

The Florida Senate on Thursday passed a sweeping measure that would make it much harder to sue businesses, governments and healthcare companies for COVID-19-related claims.

Senators voted 24-15 to send the bill to the House, where its passage is all but assured, likely making it the Legislature’s first substantial response to the coronavirus pandemic of the 2021 legislative session.

Supporters of the bill, which was championed by the Chamber of Commerce and other business groups, said Thursday it would restore the confidence of companies and healthcare providers as Florida gets back to normal.

“This is essential for us to get on from the post-COVID era,” said Sen. Gayle Harrell, R-Stuart.

Detractors argued it is a giveaway to businesses and is thinly disguised as a pandemic response.

The bill would make it much harder to sue to businesses, governments, schools and religious institutions for claims relating to COVID-19.

Under the bill:

▪ Anyone filing a lawsuit would be required to include an affidavit from a physician who can attest “within a reasonable degree of medical certainty, that the plaintiff’s COVID-19-related damages, injury, or death occurred as a result of the defendant’s acts or omissions.”

▪ Those businesses, governments and other groups would be immune from COVID-19-related lawsuits if a judge determines the defendants made “a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued.”

▪ If a judge determines the defendant did not act in good faith, the case can proceed, but the standard for winning it is higher. Instead of showing a “preponderance of evidence” to make their case, the plaintiff must prove gross negligence by “clear and convincing evidence.”

Prior to the bill passing, Republican lawmakers repeatedly rejected amendments proposed by Democrats, including one that would not protect nursing homes with a history of citations for deficiencies.

“We’re talking about bad apples,” said Senate Minority Leader Gary Farmer, D-Lighthouse Point, an attorney. “Why are we protecting those bad apples? Why aren’t the good apples OK with keeping the current law?”

Although relatively few COVID-19-related lawsuits have been filed, the measure was a top priority of the Chamber of Commerce and similar groups, which seek each session to limit the circumstances under which companies can be sued.

“The bill provides much needed certainty to job creators that if they are doing their part to keep employees, customers and patients safe, they will not be party to frivolous litigation,” Florida Chamber of Commerce President and CEO Mark Wilson said in a statement.

This story was originally published March 18, 2021 at 6:33 PM.