By Kevin Derby -May 24, 2023, 6:00 pm

On Tuesday, Gov. Ron DeSantis named Judge Meredith Sasso to the Florida Supreme Court to replace retiring Justice Ricky Polston

Sasso is currently the Chief Judge at the Florida Sixth District Court of Appeal, located in Lakeland. She is the fourth woman and, as a Cuban-American, the fourth Hispanic justice DeSantis has appointed to the high court since taking office in 2019. She is the seventh woman to serve on the Florida Supreme Court. With this appointment, there will be three women sitting on the Florida Supreme Court simultaneously for the first time in Florida history.

“I am proud to appoint Judge Meredith Sasso to the Florida Supreme Court because her fidelity to the Constitution will help preserve freedom in our state for generations to come,” said DeSantis. “As a Cuban-American woman who understands the importance of our constitutional system and the rule of law, Judge Sasso will serve our state well.”

“I am incredibly honored that Governor Ron DeSantis is entrusting me with this position,” said Sasso. “The judiciary plays a critical and unique role in our constitutional government, and I am resolutely committed to upholding the rule of law for as long as I am privileged to serve.”

Sasso received her undergraduate degree from the University of Florida in 2005 and her law degree from the University of Florida in 2008, where she was a member of the Justice Campbell Thornal Moot Court Board. Judge Sasso began her career in private practice, representing clients in large loss general liability, auto negligence, and complex commercial claims in state and federal courts at trial and on appeal. She also served as a guardian ad litem, representing abused or neglected children. Prior to serving on the court, Judge Sasso served as Chief Deputy General Counsel for Governor Rick Scott. In this role, she represented the Governor’s Office in litigation before the Florida Supreme Court, the First District Court of Appeal, and state and federal trial courts, among other duties. In January 2019, she was appointed to the Fifth District Court of Appeal. Judge Sasso was recommissioned to the Sixth District Court of Appeal from the Fifth District on January 1, 2023, by Governor DeSantis.

Sasso was raised in Tallahassee, Florida, and is married with two children. She currently serves as an appointed member of the Florida Bar Appellate Court Rules Committee. She is also a member of the American Enterprise Institute Leadership Network and the Federalist Society.

William Large, the president of the Florida Justice Reform Institute, applauded the pick.

“The Florida Justice Reform Institute applauds Governor DeSantis for his bold and consistent leadership as he continues to do exactly what he promised by reshaping the Florida Supreme Court,” Large said. “The governor’s appointment of Meredith Sasso to the Florida Supreme Court cements this promise of appointing justices with a proven record of embracing textualism, and the notion that the courts should interpret our laws, not write them.

“Justice Sasso is an exceptional choice for the Florida Supreme Court due to her extensive legal experience, dedication to public service, and her strong, demonstrated commitment to upholding justice and the rule of law. We further applaud Governor DeSantis for his continuing commitment to a Court that can draw on a rich diversity of life experience,” Large added.

https://www.floridadaily.com/ron-desantis-names-meredith-sasso-to-florida-supreme-court/  

 

Legal Reformers Praise Ron DeSantis, Florida Supreme Court

By Florida Daily -12.08.21

On Tuesday, the American Tort Reform Association (ATRA) released its annual “Judicial Hellholes” report and for the third year in a row Florida made progress.

Legal reform advocates praised Gov. Ron DeSantis’ efforts to improve the legal climate in the Sunshine State.

“From ensuring businesses could reopen after the COVID-19 shutdown without fear of an avalanche of lawsuits, to combatting frivolous property insurance litigation, to the downstream effects of his judicial appointments, Governor DeSantis continues to pull Florida out of the judicial hellhole we were in not so long ago,” said William Large, the president of the Florida Justice Reform Institute

Large pointed to the report stating that “Governor Ron DeSantis has turned the state of Florida around, [by] appointing a Florida Supreme Court that is poised to correct the course set by the prior activist court,” and praised Florida’s top court.

“By adopting the federal summary judgment standard, the Florida Supreme Court dramatically improved the fairness and efficiency of Florida’s civil justice system, saving the work of juries for cases where there are real facts in dispute,” said Large.

The Florida Supreme Court also ruled that Florida’s “apex doctrine” extended to high-ranking corporate officers, protecting them from depositions and discovery meant to harass and force meritless settlements.

“By using their exclusive rulemaking authority to address entrenched, systemic problems, the Florida Supreme Court is remaking our judicial system for the better,” said Large. “We have Governor DeSantis to thank for it.”

Still, the report gave lower marks to the Florida Legislature.

“Despite all the work done by the Florida Supreme Court and Governor Ron DeSantis to mitigate lawsuit abuse, much-needed reform continues to stall in the Florida Legislature,” the report noted. “Without these reforms, the trial bar is still able to capitalize, and they know it.” 

https://www.floridadaily.com/legal-reformers-praise-ron-desantis-florida-supreme-court/ 

 

With Renatha Francis Out, Ron DeSantis Names Jamie Grosshans to Florida Supreme Court

By KEVIN DERBY -09.15.20

Forced by the Florida Supreme Court to tap a new justice, on Monday, Gov. Ron DeSantis announced he was naming Judge Jamie Grosshans to it.

“I’m pleased to announce that I’ve selected Judge Jamie Grosshans to serve as a justice on the Florida Supreme Court,” said DeSantis. “As an appeals court judge, a successful lawyer in private practice and a working mother of three, I am confident that Judge Grosshans’ breadth of experience in the legal profession and in life will make her a successful Supreme Court Justice, and I look forward to her assuming the bench on our state’s highest court.”

Grosshans is currently serving as a judge on the Florida Fifth District Court of Appeal, where she has been since 2018. Before that, she served a judge in the  Orange County Court and as an assistant state attorney for that county.

William Large, the president of the Florida Justice Reform Institute, praised the pick.

“The Florida Justice Reform Institute applauds Governor DeSantis for appointing Justice Jamie Grosshans to the Florida Supreme Court with his fifth pick. Justice Grosshans has an impressive and proven record of recognizing the court’s proper role as the interpreter of our laws, not the author,” Large said. “Justice Grosshans is also the second woman Governor DeSantis has appointed to the Florida Supreme Court, and we further applaud Governor DeSantis for his continuing commitment to a Court that can draw on a rich diversity of life experience.”

This is the second pick DeSantis has made for the vacant seat. On Friday, the Florida Supreme Court unanimously ordered DeSantis to pick a new Supreme Court justice, insisting that Judge Renatha Francis is ineligible to serve.

The state Constitution requires a Florida Supreme Court justice to be a member of the Florida Bar for at least ten years. DeSantis named Francis to the court in May but said she would not be sworn in until Sept. 24 when she reached ten years of membership with the Florida Bar. State Rep. Geri Thompson, D-Windermere, sued over the pick, insisting Francis was not eligible. The Supreme Court ordered the governor to name a new justice by Monday and DeSantis did so after Francis withdrew.

Back in May, DeSantis announced that he was naming Francis to the seat held by former Justice Robert Luck who was named to the U.S. Court of Appeals for the Eleventh Circuit by President Donald Trump. Currently a judge for the 15th Circuit Court, where she has been since 2019, Francis also served as a judge for the Miami-Dade County Court.

 Reach Kevin Derby at [email protected]

https://www.floridadaily.com/with-renatha-francis-out-ron-desantis-names-jamie-grosshans-to-florida-supreme-court/ 

 

Business, Medical Groups Ask Ron DeSantis for Executive Order Protecting Healthcare Providers from Frivolous Lawsuits

By FLORIDA DAILY -04.22.20

A host of business and medical groups wrote Gov. Ron DeSantis on Tuesday looking to protect healthcare providers from frivolous lawsuits during the coronavirus pandemic.

The groups asked DeSantis to issue an executive order on the matter and provided him with a model he could use.

The groups signing the letter included the Florida Hospital Association, the Associated Industries of Florida, Community Health Systems, the Florida Association of Nurse Anesthetists, the Florida Bioethics Network, the Florida Chamber of Commerce, the Florida College of Emergency Physicians, the Florida Emergency Nurses Association, the Florida Justice Reform Institute, the Florida Nurses Association, the Florida Nurse Practitioners Network, the Florida Senior Living Association, the Florida Society for Healthcare Risk Management and Patient Safety, the Florida Society for Respiratory Care and the Florida Society of Anesthesiologists

The letter is as follows:

Florida’s hospitals and our partner health care providers have been on the front lines in the battle against the COVID-19 pandemic. Engaging in that battle has required brave dedication of individuals who must tirelessly and creatively provide care in an environment in which the availability of resources is uncertain and the potential for becoming infected with a deadly virus is significant. We are proud of the efforts by those health care providers and are thankful for the appreciation you have shown to them.

While the battle rages, it is unfortunate, but necessary, that steps be taken to avoid another crisis – a proliferation of inappropriate and unwarranted lawsuits.  In the future, after the current awareness of the incessant harsh realities confronting patients and providers has faded, there may be some who would seek to take advantage of the COVID-19 crisis by suing providers based on applications of standards of care that would fail to account for the special challenges presented by a devastating pandemic.

The need for limited liability protections for health care providers has been recognized and addressed by the Federal government through the Public Readiness and Emergency Preparedness Act (“PREP” Act) and by states through their Governors’ executive orders.  Among those executive orders were orders entered by the Governors of Georgia, Michigan, New York and Connecticut.

We are respectively requesting that you enter an executive order to provide temporary, limited immunity to Florida’s health care providers as they respond to the COVID-19 crisis. Enclosed is a draft of a proposed executive order for your consideration. Important features of the proposed executive are:

1.  The proposed immunity is limited in time, as it will expire on October 1, 2020, unless further extended.  The time limitation ensures that the effect of the executive order does not extend beyond the time period necessary to address the COVID-19 crisis.

2.  The proposed immunity is limited in scope, as it does not apply to willful misconduct by a health care provider.

3.  Health care providers who provide care and treatment consistent with standards of care, specifically developed for use in a crisis (discussed further, below), are provided temporary and limited immunity from civil liability and criminal prosecution.

4.  Protection is provided to health care providers who in good faith endeavor to make decisions that will comply your Executive Order 20-72.
already afforded to “Good Samaritans” is extended to health care providers who would not otherwise have that immunity because they are compensated for their services or they otherwise do not meet requirements of Section 768.13, Florida Statutes, which are ordinarily appropriate but are not appropriate during a crisis.

The crisis standards of care referenced in the proposed executive order were developed by the Florida Bioethics Network (“FBN”).  FBN, an affiliate of the University of Miami, was established in 1991 and works with health care providers to address complex legal and ethical issues.  FBN developed the crisis standards of care in consultation with critical care physicians and ethics experts from around the United States.  In developing the crisis standards of care, FBN also consulted analyses by a technical advisory committee convened by the Florida Department of Health to review actions in response to the 2009 H1N1 influenza emergency.  The resulting crisis standards of care provide appropriate and necessary guidance to health care providers called upon to make the most challenging decisions required to respond to the COVID-19 crisis.

We greatly appreciate the efforts you, the Agency for Health Care Administration, the Department of Health and other state and local government agencies have undertaken to protect Florida’s citizens from the horrible effects of COVID-19.  We stand ready to work with you to take steps necessary to protect Florida’s health care providers and citizens from a liability crisis.

On behalf of our coalition, thank you for your consideration.

The coalition offered the following proposed Executive Order:

WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute respiratory illness that can spread among humans through respiratory transmission and presents with symptoms of cough, fever, and shortness of breath; and

WHEREAS, on March 1, 2020, I issued Executive Order number 20-51 directing the Florida Department of Health to issue a Public Health Emergency; and

WHEREAS, on March 1, 2020, the State Surgeon General and State Health Officer declared a Public Health Emergency exists in the State of Florida as a result of COVID-19; and

WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and

WHEREAS, due to the outbreak of COVID-19, the State Surgeon General and the Secretary for the Agency of Health Care Administration recognize that due to the current conditions caused by COVID-19 in this state, that medical decisions may be necessary by health care providers to initiate measures to conserve medical supplies, including personal protective equipment and to make decisions regarding the utilization of life-saving medical equipment including but not limited to ventilators for individuals that need mechanical assistance for adequate oxygenation be used in response to this emergency or for any other medical event of urgent or emergent nature; and

WHEREAS, due to the outbreak of COVID-19, it is necessary for health care providers and others responding to this emergency, to be able to make decisions regarding the utilization of life supporting and live saving medical equipment, the modification of said equipment to serve the greatest number of individuals and all other decisions regarding the provision of care to individuals with COVID-19 without fear of criminal or civil liability:

NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (l)(a) of the Florida Constitution, Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order to take immediate effect:

Section 1.   Because of the foregoing conditions, it is necessary to grant immunity to health care providers under certain sections of the State’s criminal code and for immunity from civil liability for acts taken and medical decisions made when providing care and treating to individuals with a confirmed or presumptive diagnosis of COVID-19 or treating individuals with other conditions that may be affected by the provision of care to individuals with a confirmed or presumptive diagnosis of COVID-19.

Section 2.   For purposes of this Executive Order, the term “health care provider” is defined as hospital, ambulatory surgical center, or mobile surgical facility as defined and licensed under chapter 395; a birth center licensed under chapter 383; a facility licensed under Parts II, III or IV of chapter 400; a facility licensed under chapter 429; any person licensed under chapter 458, chapter 459, chapter 462, part I of chapter 464, chapter 467, parts III, IV, V, of chapter 468, or chapter 486; a clinical lab licensed under chapter 483; a health maintenance organization certificated under part I of chapter 641; a blood bank; a plasma center; an industrial clinic; a renal dialysis facility; or a professional association partnership, corporation, joint venture, or other association for professional activity by health care providers; or a Federally Qualified Health Center.

Section 3.   IMMUNITY FROM CIVIL LIABILITY: No health care provider shall be liable for any civil damages caused by, arising out of, relating to, or resulting from:

1.  the care and treatment or the delay or withholding of care and treatment of individuals with a confirmed or presumptive diagnosis of COVID-19 in support of the State of Florida’s response to the COVID-19 pandemic; or
2.  the care and treatment or the delay or withholding of care or treatment of any individual based on the good faith determination that the care and treatment or delay or withholding of care or treatment is consistent with the protocols set forth in Appendix A to this Executive Order; or
3.  the care and treatment or delay or withholding of care or treatment of any individual based upon the good faith determination of the health care provider that such delay or withholding of care and treatment was in compliance with Executive Order 20-72 issued March 20, 2020.

Section 768.13 is modified to the extent necessary to provide immunity to health care providers as set forth in this Section 3.

Section 4.  CRIMINAL PROSECUTION: No health care provider shall be prosecuted or held criminally liable for the care and treatment or the delay or withholding of care or treatment of any individual based on the good faith determination by the health care provider that the care and treatment or delay or withholding of care or treatment is consistent with the protocols set forth in Appendix A to this Executive Order.

Section 5.   The civil and criminal immunity conferred by this Executive Order does not extend to acts of willful misconduct by the health care provider.

Section 6.  The civil and criminal immunity conferred by this Executive Order is in addition to any other immunity or limitations of liability provided by law.

Section 7.  This Executive Order shall remain in effect until the expiration of Executive Order 20-52, including all extensions thereof, and the immunity granted herein shall apply to all claims arising out of care and treatment described in Sections 3 or 4 during the effective period of this Executive Order.

https://www.floridadaily.com/business-medical-groups-ask-ron-desantis-for-executive-order-protecting-healthcare-providers-from-frivolous-lawsuits/