New FL Law To Protect Doctors From Coronavirus-Related Lawsuits

TALLAHASSEE, FL — Standing alongside Florida Gov. Ron DeSantis as he signed landmark COVID-19 business and health care provider liability protections into law, Florida House of Representatives Speaker Chris Sprowls, R-Palm Harbor, called the new law a “victory for all Floridians.”

Senate Bill 72, “Civil Liability for Damages Relating to COVID-19,” signed into law Monday, passed the Florida House on Friday (83-31) and passed the Florida Senate on March 18 (24-15). This legislation became effective upon the governor’s signature today.

“This law is a victory for all Floridians. It keeps Florida’s economy open, saves jobs and
protects businesses against frivolous lawsuits while ensuring that lawsuits with merit can move
forward,” Sprowls said. “Starting now, businesses and health care providers who are doing the right thing won’t have to work and live and fear that a frivolous COVID lawsuit could jeopardize their livelihood.”

The Senate bill protecting businesses from liability, sponsored by Sen. Jeff Brandes, R-St. Petersburg, shields businesses, charities and educational institutions against COVID-19-related claims if the defendant made a good faith effort to comply with government-issued health protocols. A judge can dismiss a lawsuit unless the plaintiff provides an affidavit from a physician attesting that the business, nonprofit or school caused the person's coronavirus-related injuries.

Likewise, a lawsuit against a health care providers can be dismissed until the plaintiff proves the actions of a doctor, nurse or other health care worker constitutes gross negligence or intentional misconduct.

“The unprecedented nature of the COVID-19 pandemic has created an uncertain legal climate for Florida businesses, which could result in serious and ongoing economic challenges for our entire state," Brandes said.

"Likewise, our health care providers struggled to meet evolving standards and often found themselves desperate for resources, required to make judgment calls with oftentimes limited or conflicting guidance," Brandes said. "This bill makes it clear that Florida supports businesses who are trying to do the right thing. Florida supports our health care workers – the heroes of this pandemic. Most importantly, Floridians understand that every situation cannot be anticipated, and we support professionals applying their best judgment for how to handle an unfathomably difficult situation.”

“Our laws should offer strong protections for the hardworking health care workers and diligent businesses across our state who have made a good faith effort to adhere to safety guidelines that have been continuously updated and revised as we gain more knowledge about how to better manage the coronavirus,” said Senate President Wilton Simpson, R-Trilby.

“Working from home isn’t an option for farmers. It isn’t an option for the vast majority of health care workers. And it isn’t an option for thousands of other predominantly blue collar workers across the state whose goods and services Floridians rely on," Simpson said. "This good bill will separate the serious and meritorious claims brought against a Florida business or health care provider from the claims that are unfair or inappropriate as our state continues to fully reopen and recover.”

Sprowls also recognized the work of the House bill sponsors which led to the negotiated Senate Bill that was signed today, including House Health & Human Services committee chairwoman Colleen Burton, R-Lakeland, and Rep. Lawrence McClure, R-Dover.

“For a year now, our health care workers have been in the fight to protect Floridians from
COVID-19. By Gov. DeSantis signing this key legislation, we can now protect those who
take care of us,” said Burton. “I am proud to be in Florida where we’ve taken action to support our health care heroes.”

The new law comes as health care workers face an increase in coronavirus cases this week after a month of seeing positivity rates fall.

On Monday, the Florida Department of Health reported a 7.58 percent positivity rate, an increase of nearly 3 percent from March 11 when the positivity rate hit a low of 4.86 percent.

The positivity rate increase comes on the same day the state opened up vaccine eligibility to all residents age 4o and older and began allowing those age 18 and up to begin making appointments for next week when the state reduces the eligibility age to include all Florida adults.

The Department of Health did not comment on the increase in the state's positivity rate, which comes just as spring break for most Florida high schools winds down. The exceptions are Lafayette County, which has its spring break April 12 to 16, and Suwanee County, which celebrates spring break April 19 to 23.

The University of Florida and Florida State University canceled spring break this year. The University of South Florida and the University of Central Florida will have their spring breaks the week of April 12 to 18.

The DOH said more than two million Floridians have now tested positive for the coronavirus (2,009,408 residents) since the pandemic was declared a year ago. The number of residents hospitalized with coronavirus now numbers 84,707 people and 33,247 have died due to coronavirus-related illnesses.

Of the 47,679 coronavirus test results submitted to the DOH Monday, 44,065 were negative.

As of Monday, 5,679,601 of Florida's 21 million residents have received at least a first dose of coronavirus vaccine.

The age breakdown for vaccinations is:

16-24 years old - 110,137
25-34 years old - 259,483
35-44 years old - 351,705
45-54 years old - 563,178
55-64 years old - 1,100,609
65-74 years old - 1,842,035
75-84 years old - 1,080,247

Related stories:

• FL Teens Age 16, 17 Will Be Eligible For Pfizer Vaccine In April
• How To Get The Coronavirus Vaccine In Florida
• Florida To Begin Vaccinating Residents Age 50 And Up Monday
• FL Lowers Vaccine Age Eligibility To 18 And Older As Of April 5