Florida House Bill 7 (HB 7), Civil Liability for Damages Relating to COVID-19, passed an important hurdle on Friday, March 5, 2021.  House Bill 7 (HB 7) and corresponding Senate Bill 72 (SB 72) limit exposure and liability for businesses against frivolous lawsuits as a result of COVID-19.  The recent vote this past Friday was 83-31 in favor of the proposed legislation.  During the voting process, several amendments were heard, all of which failed.  Proponents of the legislation saw this as a step in the right direction for the state, whereas opponents stated there are other opportunities to provide businesses with protections without offering businesses a complete shield against liability. 

Opponents continue to argue two potential issues with the legislation: 1.) the ability for claimants to find physicians who are willing and able to provide an affidavit as to the claimant’s medical condition; and 2.) identification of the state’s guidelines and standards referenced in the legislation.  These guidelines and standards were constantly changing and unclear during the initial stages of the pandemic.  Despite these concerns, the proposed legislation is strongly supported by Republicans and Governor DeSantis and has gained favorable momentum during the early days of session.  However, prior to the legislation being placed on the Governor’s desk for signature, the Florida Senate will have to vote on the bill.  It is expected SB 72 will be debated and voted on by the Florida Senate as early as next week.  SB 72 has passed votes in the Judiciary Committee, Commerce and Tourism and is moving forward in the Rules Committee.