On March 29, Florida Gov. Ron DeSantis signed the COVID-19 Liability Protection Bill (S.B. 72), which provides preliminary procedures for the court to make certain determinations in civil actions based on COVID-19-related claims. The intended effect of the bill is to protect businesses, educational institutions, governmental entities, religious institutions and health care providers from COVID-19 lawsuits if they made a “good faith effort” to follow applicable health guidelines.

This bill places a heavy burden on a plaintiff right out of the gate to show that the defendant deliberately ignored health guidelines and that the injury or death caused by COVID-19 was a result of the defendant’s acts or omissions. Short and sweet complaints will simply not get the job done anymore. Upon receipt of the complaint, the court will immediately make a determination of whether a defendant made a good faith effort to substantially comply with health standards or guidance at the time the cause of action accrued. The bill strictly provides that “absent at least gross negligence proven by clear and convincing evidence, the defendant is not liable for any act or omission relating to a COVID-19-related claim.” Therefore, complaints must be plead with particularity and be submitted with an affidavit signed by a licensed physician attesting to the degree of medical certainty that the damages were caused by the defendant.