Bill > H0007

Introduced Session

An act relating to civil liability for damages relating to COVID-19; creating s. 768.38, F.S.; providing legislative findings and intent; defining terms; providing requirements for a civil action based on a COVID-19-related claim; providing that the plaintiff has the burden of proof in such action; providing a statute of limitations; providing severability; providing retroactive applicability; providing an effective date. WHEREAS, on March 9, 2020, Governor Ron DeSantis issued Executive Order Number 20-52 declaring a state of emergency for the State of Florida due to the COVID-19 pandemic, and WHEREAS, in light of the ongoing nature of the COVID-19 pandemic, the Governor has repeatedly extended the state of emergency, including most recently on December 29, 2020, in Executive Order Number 20-316, and WHEREAS, the State of Florida continues under a declared state of emergency, and WHEREAS, throughout the declared state of emergency, the Governor's executive orders included industry-specific restrictions to prevent the spread of COVID-19 based on the best information available at the time, allowing and encouraging certain businesses to continue to safely operate, and hb0007-00 HB 7 WHEREAS, a strong and vibrant economy is essential to ensure that Floridians may continue in their meaningful work and ultimately return to the quality of life they enjoyed before the COVID-19 outbreak, and WHEREAS, Floridians must be allowed to earn a living and support their families without unreasonable government intrusion, and WHEREAS, the Governor's responsible reopening strategy allowed businesses to continue to safely operate, bolstering consumer confidence, while also enforcing reasonable restrictions, and WHEREAS, the Legislature recognizes that certain businesses, entities, and institutions operating within the state are essential to the state's continuing success and well- being, and WHEREAS, the Legislature recognizes that many businesses, entities, and institutions accept significant risk in order to provide their services to the public, and WHEREAS, the Legislature further recognizes that the threat of frivolous and potentially limitless civil liability, especially in the wake of a pandemic, causes businesses, entities, and institutions to react in a manner detrimental to the state's economy and residents, and WHEREAS, the Legislature recognizes that practical, bright- line guidance protecting prudent businesses, entities, and hb0007-00 HB 7 institutions significantly alleviates such liability concerns, while also continuing to provide for the public health, and WHEREAS, the Legislature finds that the unprecedented and rare nature of the COVID-19 pandemic, together with the indefinite legal environment that has followed, requires the Legislature to act swiftly and decisively, NOW, THEREFORE,

Committee Categories

Lawrence McClure (R)*,  Alex Andrade (R),  Melony Bell (R),  James Buchanan (R),  Mike Caruso (R),  Nick DiCeglie (R),  Juan Fernandez-Barquin (R),  Jason Fischer (R),  Mike Giallombardo (R),  Tommy Gregory (R),  Sam Killebrew (R),  Christopher Latvala (R),  Thomas Leek (R),  Randy Maggard (R),  Stan McClain (R),  Jim Mooney (R),  Toby Overdorf (R),  Spencer Roach (R),  Will Robinson (R),  Rick Roth (R),  David Smith (R),  John Snyder (R),  Kaylee Tuck (R), 

Other Sponsors (1)

Died in Rules, companion bill(s) passed, see CS/SB 72 (Ch. 2021-1) (on 04/30/2021)

Official Document