Florida Enacts Covid Liability Protections Law

The Florida Legislature made Covid-19 civil liability protections for businesses, non-profits and other organizations a major priority for the 2021 session, and on March 29 it became the year’s first bill signed into law by Gov. Ron DeSantis.  SB 72, the bill that provides several Covid-related liability protections for businesses, educational institutions, government entities and not-for-profit corporations such as community associations, is now the law in Florida.  

Under the new law, lawsuits brought by a plaintiff alleging they or a relative contracted Covid-19 at a business that failed to take proper precautions against the virus would still be allowed, but it will be substantially more difficult for them to prevail in court.

Covid claims against a business or healthcare provider now require an affidavit from a medical professional asserting that the person contracted the virus at the company’s property.  The affidavit also needs to demonstrate “clear and convincing evidence” of “gross negligence” — a high legal standard — to bring a case. 

Covid lawsuits also must be filed within one year from Monday, March 29, to be considered valid.

Businesses that “substantially complied” with government-issued orders regarding Covid precautions at the time when the virus was contracted or were unable to comply with those guidelines because of shortages in personal protective equipment have a valid defense against any pandemic-related claims.

The law does not affect lawsuits that have already been filed.

Supporters of the new law assert it will protect businesses against frivolous lawsuits, but critics worry  that it will give blanket immunity to business owners, including long-term care facilities, who negligently put the public and their workers in danger during the pandemic.

Evonne Andris is an attorney with the South Florida law firm of Siegfried Rivera who has focused on community association law since 2003. She is based at the firm’s Plantation office and is a regular contributor to its association law blog, www.FloridaHOALawyerBlog.com. www.SiegfriedRivera.com, 305-442-3334.