Welcome to

Legislation to protect businesses from what lawmakers describe as ‘frivolous’ lawsuits related to the pandemic passed its first Senate committee Monday.

The bill is facing stiff opposition from trial lawyers, who argue it would make it almost impossible for a person to seek damages from businesses that aren’t taking precautions.

Lawmakers have made COVID-liability protections a top priority for the 2021 legislative session.

“Businesses need certainty,” said State Senator Jeff Brandes.

Brandes is sponsoring the bill.

It would require a person to prove a business acted with ‘gross negligence’ in order for a civil suit related to the pandemic to go forward.

“The key here is, did the businesses reasonably follow the rules?” said Brandes.

But Jacksonville Trial Lawyer Eddie Farah worries the gross negligence standard tips the scale too far in the favor of businesses.

“You’re eliminating valid claims. You’re giving protection to people who do not comply with the law and when they know the standard is gross negligence they can be more lackadaisical,” said Farah.

Brandes told us the opposition comes as no surprise.

“They see that they could mine this gold mine for four years,” said Brandes.

Democratic state lawmakers did propose an amendment to lower the gross negligence standard in the bill’s first committee hearing, but it and three other proposed changes failed.

Brandes said the high standard is necessary to prevent people from engaging in ‘sue to settle’ schemes.

“Pay us off to make this issue go away and we won’t take you to court, but for most small businesses one lawsuit like this would bankrupt them,” said Brandes.

Farah argued there are already safeguards in place to deter frivolous suits.

“The system is not perfect, but you don’t shut down the whole system because there are some minor imperfections within it,” said Farah.

A recent report by Florida TaxWatch found 490 COVID-related suits have been filed so far in the state.

The TaxWatch report also estimated 356,000 Florida jobs could be at risk with out liability protections and the state could see a $28 billion reduction in economic activity.