Florida Senate passes bill shielding businesses from COVID-19 suits
TALLAHASSEE
The Florida Senate on Thursday passed a sweeping measure that would make it much harder to sue businesses, governments and healthcare companies for COVID-19related claims.
Senators voted 24-15 to send the bill to the House, where its passage is all but assured.
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 postCOVID era,” said Sen. Gayle Harrel, 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.”