Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.
Sign up for our Construction newsletter
You must correct or enter the following before you can sign up:
Thank You!
Law360 (December 2, 2020, 8:21 PM EST) -- More than 60 Florida business groups have banded together to urge state lawmakers to pass a liability shield for businesses, schools, health care providers and others in connection with COVID-19 injury suits.
The coalition, led by the Florida Retail Federation and the Florida Restaurant and Lodging Association, released a report on Monday asking lawmakers to provide a legal safe harbor for businesses in the retail, restaurant, tourism, agriculture and construction industries, along with schools and health care providers.
The alliance, which dubbed itself the Restore Economic Strength through Employment & Tourism, or RESET, asserts that businesses struggling to reopen and stay afloat should be protected from frivolous lawsuits related to coronavirus infections.
The coalition said such litigation against health care providers should be limited to cases involving gross negligence and reckless misconduct. For businesses, the group said lawmakers should adopt a gross negligence or intentional conduct legal standard; a heightened evidentiary standard requiring clear and convincing evidence; a shortened statute of limitations; and total immunity for essential businesses, according to the 74-page report.
In addition, employers should not have to face lawsuits from employees over coronavirus infections if they can establish that they complied with the applicable health guidelines, the coalition said.
"Florida businesses that are working hard to kick-start the economy, get people back to work, and protect those already working need assurances that they will not face even more financial hardships from opportunistic lawsuits," the report states.
Florida Senate President Wilton Simpson and House Speaker Chris Sprowls, both Republicans, held separate news conferences in November saying they supported legislative efforts to provide a legal safe harbor for businesses, according to news reports.
In September, it was widely reported that Gov. Ron DeSantis had expressed support for some form of liability protection for "run-of-the-mill businesses," marking the first time the governor had publicly commented on such potential legislation.
His office did not immediately respond to a request for comment Tuesday.
If a coronavirus liability shield is enacted, Florida would join more than a dozen states that have already passed similar legislation and would become the most populous state with such protections. Currently, Ohio is the largest state by population to have enacted a coronavirus liability shield for businesses.
Ohio Gov. Mike DeWine, a Republican, in September signed into law H.B. 606, which mandates that individuals, businesses, schools and health care providers can't be held liable for injuries or deaths related to COVID-19 exposure unless it can be established that a defendant committed reckless conduct, intentional misconduct, or willful or wanton misconduct.
In August, Republican Gov. Brian Kemp of Georgia enacted the COVID-19 Pandemic Business Safety Act, which shields businesses and health care providers but doesn't cover cases involving gross negligence or willful misconduct.
The Pennsylvania legislature recently passed similar legislation, but it was vetoed on Monday by Gov. Tom Wolf, a Democrat, who said the bill created a potential safety risk and went too far in shielding businesses from coronavirus-related claims.
--Editing by Steven Edelstone.
For a reprint of this article, please contact reprints@law360.com.
