{"id":"DUT-FL-012","kind":"duty","level":"state","jurisdiction":"Florida","state":"FL","metro":"","industry":"","agency":"","eco":"","issuer":"Florida Legislature (SB 72), approved by Governor Ron DeSantis","authority":"Fla. Const. art. III; creating Fla. Stat. §§ 768.38 and 768.381","instrument":"Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38","title":"Liability protections for COVID-19-related claims","dateIssued":"2021-03-29","effective":"2021-03-29 (\u0027This act shall take effect upon becoming a law\u0027); § 4: \u0027This act applies retroactively and prospectively,\u0027 except to a civil action against a particular named defendant commenced before that date","end":"standing (s. 768.38(4): a COVID-19-related claim must be commenced within one year after it accrues, or within one year after Mar. 29, 2021 for claims that accrued earlier)","startDate":"2021-03-29","endDate":"2021-03-29","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["COND","EMP"],"addressees":["business entities (including charitable organizations and not-for-profit corporations), educational institutions, governmental entities and religious institutions (s. 768.38); health care providers under s. 768.381"],"clause":"The defendant made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued.... If the court determines that the defendant made such a good faith effort, the defendant is immune from civil liability.","enforcement":"None (civil rule of decision): absent the good-faith effort the plaintiff \u0027may proceed with the action,\u0027 and liability then requires \u0027at least gross negligence proven by clear and convincing evidence\u0027 (s. 768.38(3)(c)c); complaint pled with particularity and physician affidavit (s. 768.38(3)(a)-(b))","functions":[],"notes":"A business entity, educational institution, governmental entity or religious institution sued on a COVID-19-related claim is immune only if the court determines, as a matter of law at the threshold, that it \u0027made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance at the time the cause of action accrued\u0027; the Legislature thereby fixed compliance with the health standards and guidance in force as the legal standard of care for every accrual date from the beginning of the pandemic.","sourceUrl":"http://laws.flrules.org/2021/1","snapshot":"","fileExists":true,"fileBytes":60548,"grade":"primary","character":"liability_shield_condition","description":"","collection":"DUT-FL","url":"/library/DUT-FL-012","exhibitUrl":"/exhibit/DUT-FL-012","citation":"Florida Legislature (SB 72), approved by Governor Ron DeSantis, Chapter 2021-1, Laws of Florida (SB 72), § 1, creating Fla. Stat. § 768.38 (standing) (Ex. DUT-FL-012)","stateName":"Florida","related":[]}