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Florida Justice Reform Institute

House, Senate show differences on COVID-19 liability bills

March 4, 2021/in The Capitolist

 

The Capitolist

House, Senate show differences on COVID-19 liability bills

by News Service of Florida | Mar 4, 2021

Jeff Brandes

TALLAHASSEE — The push to fast-track legislation to protect Florida businesses from COVID-19 litigation continues to be bumpy.

While Tuesday was just the first day of the 2021 legislative session, Republicans in the House and Senate showed signs they continue to go in different directions on the sweeping proposals.

In January, GOP lawmakers released identical proposals to protect non-health care businesses from lawsuits related to COVID-19 deaths or injuries.

But Senate Judiciary Chairman Jeff Brandes on Tuesday told The News Service of Florida that he plans to expand the Senate’s version of the COVID-19 business liability bill (SB 72) to include protections for health-care providers, such as nursing homes and assisted living facilities. Those protections have been contained in another bill (SB 74) — and the House has moved forward with separate proposals for general businesses and health-care providers.

“I think the key is that we are focused on one singular issue,” Brandes, R-St. Petersburg, said, adding that he plans on rolling his proposals into one bill when the Senate Rules Committee considers the issue.

But that could prove controversial.

Among other things, the health-care bill provides broad immunity protections, including providing immunity to nursing homes, assisted living facilities, hospitals and physicians if “supplies, materials, equipment, or personnel necessary to comply with the applicable government-issued health standards or guidance at issue were not readily available or were not available at a reasonable cost.”

The House’s proposed health-care liability protections (HB 7005) do not include a similar provision. The House Pandemics & Public Emergencies Committee voted 12-6 to approve that bill Tuesday evening.

Meanwhile, the full House is scheduled Thursday to take up its version of the bill (HB 7) that would provide liability protections to non-health care businesses. It likely will be one of the first two bills to get approval from the House during this year’s session.

Brandes made his remarks after the Senate Commerce and Tourism Committee voted 7-4 along party lines to approve the Senate bill focused on non-health care businesses. Members of the committee debated — and shot down —a spate of amendments offered by Democrats, including several proposed by Sen. Jason Pizzo, D-North Miami Beach.

For example, one Pizzo amendment would have deleted part of the bill that would allow judges to decide whether defendants made good-faith efforts to “substantially comply” with health standards or guidance issued by authorities. If judges determine that good-faith efforts were made, lawsuits would be precluded from going forward. An attorney, Pizzo argued that the provision would make judges the arbiter of facts and not the arbiter of law.

Pizzo also proposed an amendment that would have deleted a requirement that plaintiffs prove by “clear and convincing evidence” that defendants were “at least grossly negligent.” The Pizzo amendment would have maintained a current standard for personal injury lawsuits, which is proof by a greater weight of the evidence.

The committee also rejected an amendment by Sen. Annette Taddeo, D-Miami, that would  have mandated businesses that want to tap into the liability protections to post signs at entrances advising customers that the businesses are “not liable for transmission or exposure of COVID-19.”

“I think the consumer needs to know that they are walking  into a location that is fulfilling all the parts of this bill to  protect themselves from liability,” Taddeo said in support of her amendment. “And that’s all I am asking for: a sign at their door.”

While the Senate panel rejected all of the proposed amendments, the Senate bill is different from the House version for non-health care businesses. That’s because the House Judiciary Committee last month changed the House bill to make clear that if different guidelines and standards were in effect at the time plaintiffs were allegedly infected with COVID-19, businesses would only have needed to comply with one of the standards to get liability protections.

“Adding this to the Senate bill would perhaps add some clarity to this issue as the bill moves forward,” said Florida Restaurant & Lodging Association General Counsel Samantha Padgett.

While Republican leaders have made liability protections a top priority, critics noted that the state has not seen a flood of COVID-19-related lawsuits against businesses.

But proponents of the legislation argue that the numbers of lawsuits filed is misleading. William Large, president of the Florida Justice Reform Institute, testified that he is aware of 53 potential lawsuits based on the number of presuit notices businesses have received.

National Federation of Independent Business lobbyist Tim Nungesser said the Senate bill would provide much-needed protections to businesses during the pandemic.

“I would submit to you this bill in front of you is a COVID-19 vaccine for small businesses,” Nungesser said. “We know  that vaccines are meant to be given to folks to protect them so they don’t get sick. This bill in front of you protects small business owners so they don’t get sued in a frivolous way.”

But some critics argue that business groups have unsuccessfully pushed for lawsuit limitations for years and that the pandemic has made it convenient for lawmakers to grant them their wish.

Florida AFL-CIO lobbyist Rich Templin said local unions have been working with businesses since the beginning of the pandemic for worker protections. Sometimes the unions have been successful in getting businesses to agree to mask requirements and other safety steps, but sometimes they aren’t successful.

“We now have a bill that makes every lawsuit frivolous. This really doesn’t seem to be in the best interest of the working people,” Templin said. “There seems to be this assumption that lawyers are just evil devils and workers are just freeloaders looking to sue and the business community is just saints and angels. And that’s just not the reality of what we’re experiencing as advocates of working people each and every day.”

https://thecapitolist.com/house-senate-show-differences-on-covid-19-liability-bills/ 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2021-03-04 15:50:142024-11-25 08:14:07House, Senate show differences on COVID-19 liability bills
Florida Justice Reform Institute

ATRA credits Ron DeSantis for improving Florida’s legal environment in latest report

December 8, 2020/in The Capitolist

 

The Capitolist

ATRA credits Ron DeSantis for improving Florida’s legal environment in latest report

by Jordan Kirkland | Dec 8, 2020

ATRA

For the second year in a row, Florida avoided the official “Judicial Hellhole” title, according to an annual report conducted by the American Tort Reform Foundation (ATRF).

The national report is good news for Florida, which continues to make progress in the area of tort reform. The non-partisan group removed the Sunshine State off of the list last year but will keep Florida on its “Watch List,” with many areas still needing to be addressed by Florida lawmakers.

“Florida is one of the states hit hardest by COVID-19, and the repercussions of the virus are amplified by the legislature’s inaction in protecting small businesses and curbing lawsuit abuse,” American Tort Reform Association (ATRA) President Tiger Joyce said. “Especially in south Florida, out-of-control legal advertising and trial attorney abuse of ‘letters of protection,’ bad faith laws, and assignment of benefits threaten to set back any progress that has been made in cleaning up Florida’s courts.”

ATRA noted in their report that the state is still plagued by bad faith laws, “no-fault” personal injury protections, crippling lawsuit abuse, and skyrocketing attorneys’ fees.

“COVID-19 highlighted which states are committed to supporting their small businesses and the thousands of jobs they contribute to local economies,” Joyce said. “While Florida made progress this year in cleaning up its courtrooms, its problems could grow dramatically in 2021 if lawmakers again fail to prioritize a responsible pandemic recovery. This begins with the small business community and continues with additional legal reforms to push back against an aggressive trial bar and rein in lawsuit abuse.

The watchdog group did, however, credit Governor Ron DeSantis for improving the state’s legal environment, noting that Florida moved off the list last year and stayed off of it this year, “as a direct result of Governor Ron DeSantis’s thoughtful and decisive leadership” with respect to his Florida Supreme Court appointments.

“Florida was removed from the Judicial Hellholes ranks and moved to the Watch List last year, thanks in large part to Gov. Ron DeSantis’s, R, leadership on improving the state’s civil justice system. Most notably, his appointments to the state Supreme Court have reshaped the state’s judicial system and set it on a path toward becoming more balanced,” ATRA said in a press release.

The Florida Justice Reform Institute agreed with ATRA’s assessment, touting the Governor for making tort reform a top priority since taking office.

“Governor DeSantis is single-handedly pulling Florida out of its judicial hellhole,” said William Large, president of the Florida Justice Reform Institute.

“Under Governor DeSantis, Florida’s legal environment is now making national headlines for the right reasons,” Large continued. “Governor DeSantis was spot on when he said that Florida’s legal system should compensate real injuries and resolve real disputes, and not be used as a game.

“ATRA was right to commend Governor DeSantis, and they’re right to call on the Legislature to follow the Governor’s courageous lead and fix the laws before the games get to the Supreme Court in the first place.”

To view the full report, click here

https://thecapitolist.com/atra-credits-ron-desantis-for-improving-floridas-legal-environment-in-latest-report/

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2020-12-08 15:52:112024-12-11 18:02:03ATRA credits Ron DeSantis for improving Florida’s legal environment in latest report
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