Bill > S0074

This bill creates a new section in Florida Statutes to address COVID-19-related claims against health care providers. It defines key terms such as "COVID-19," "COVID-19-related claim," and "health care provider." The bill sets preliminary procedures for such claims, including requiring the complaint to be pled with particularity. It establishes a higher standard of proof, requiring the plaintiff to prove gross negligence or intentional misconduct by the health care provider in failing to substantially follow applicable government-issued health standards or guidance. The bill also provides immunity for health care providers if necessary supplies or personnel were not readily available. It sets a 1-year limitations period for these claims, and specifies that this section prevails over any conflicting laws, except for claims under the Workers' Compensation Act. The bill applies retroactively, but does not affect civil actions commenced before its effective date.

Health and Social Services, Justice

https://www.flsenate.gov/Session/Bill/2021/74