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New Law Aims to Protect Florida Businesses From Covid-19 Related Claims

Highlights:

  • On March 29, 2021, Governor Ron DeSantis signed a bill that shields Florida businesses from lawsuits claiming COVID-19 injuries or damages. 
  • Provides legal protections for a broad range of individuals and entities, including businesses, charities, and educational and religious institutions.
  • The law applies differently to health care providers.
  • Became effective immediately.
  • Contains a one-year statute of limitations for COVID-19-related lawsuits, and applies retroactively. For causes of action that accrued before the effective date of March 29, 2021, the statute of limitations began to run on the law’s effective date.

Requirements:

  • Plaintiff must plead and prove gross negligence.
  • The complaint must include an affidavit signed by a licensed physician stating within a reasonable degree of medical certainty that the Covid-19 related injuries or damages were the result of the defendant’s actions or omissions.
  • The court is required to determine whether the defendant made a good faith effort to comply with government-issued health standards or guidelines and if so, the defendant is immune from suit.

Full bill available below.

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