Menu
Nassau County Chamber of Commerce
  • Home
  • About Us
    • Membership
      • Member Login
      • Membership Benefits
      • Membership Application
    • Staff
    • Board of Directors
    • Ambassadors
    • Leadership Nassau
    • Contact Us
    • Follow Us
      • Facebook
      • Instagram
      • LinkedIn
      • Twitter
  • Events & News
    • Chamber Calendar
    • Community Calendar
    • Blog
    • Newsletter
    • Newsletter Archive
  • Business Directory
  • Residents & Visitors
    • Nassau County
      • Amelia Island
      • Fernandina Beach
      • Yulee
      • Callahan
      • Hilliard
      • Bryceville
    • Resident Guide
      • Community Resources
      • Licenses & Permits
    • Interactive Map
    • Coupons
  • Business Resources
    • Business Resource Innovation Center
    • Business Development Assistance
      • Start-Up Directory
    • Economic Profile
      • Economic Indicators Dashboard
    • Advocacy
    • Advertising Opportunities
      • Discovery Map
      • Discover Nassau Life & Leisure Guide
    • Job Board
    • Business Connect
  • Home
  • About Us
    • Membership
      • Member Login
      • Membership Benefits
      • Membership Application
    • Staff
    • Board of Directors
    • Ambassadors
    • Leadership Nassau
    • Contact Us
    • Follow Us
      • Facebook
      • Instagram
      • LinkedIn
      • Twitter
  • Events & News
    • Chamber Calendar
    • Community Calendar
    • Blog
    • Newsletter
    • Newsletter Archive
  • Business Directory
  • Residents & Visitors
    • Nassau County
      • Amelia Island
      • Fernandina Beach
      • Yulee
      • Callahan
      • Hilliard
      • Bryceville
    • Resident Guide
      • Community Resources
      • Licenses & Permits
    • Interactive Map
    • Coupons
  • Business Resources
    • Business Resource Innovation Center
    • Business Development Assistance
      • Start-Up Directory
    • Economic Profile
      • Economic Indicators Dashboard
    • Advocacy
    • Advertising Opportunities
      • Discovery Map
      • Discover Nassau Life & Leisure Guide
    • Job Board
    • Business Connect

Nassau County Chamber of Commerce Blog

COVID-19 Liability Protections Legislation

8/20/2021

0 Comments

 
TO: Local Chambers of Commerce
FROM: Carolyn Johnson, Senior Policy Director
DATE: August 18, 2021
RE: Ch. 2021-1, Laws of Fla. (2021 SB 72) COVID-19 Liability Protections
Picture
Given that there have been questions regarding conflicting governmental guidance and the impact on COVID-19 liability protections, I want to provide some clarity.

Chapter 2021-1, Laws of Florida, which took effect on March 29, 2021, provides businesses with a defense to COVID-19-related civil actions where the business demonstrates that they made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidance. The law states that if more than one source or set of standards or guidance was authoritative or controlling at the time the plaintiff’s claim arose, the defendant’s good faith effort to substantially comply with any one of those sources or sets of standards confers immunity from civil liability. For example, if CDC and OSHA guidelines conflict, the business likely has a defense if they show they made a good faith effort to substantially comply with the OSHA guideline. The same could be said if the business is following a state or local guideline.

In the months leading up to the enactment of Chapter 2021-1, there were significant concerns about attempts to comply with the ever-changing and often conflicting guidelines applicable to businesses imposed by different governmental entities. The legislation aimed to avoid that by providing protection if a business in good faith attempted to substantially comply with any one controlling or authoritative standard. Note, though, that good faith compliance is a defense that must be raised in a lawsuit and decided by a court after the consideration of evidence; it is not a defense that allows a business to avoid a lawsuit entirely.

In order for a COVID-19-related lawsuit to proceed, there are several steps that must first take place. First, the complaint must be pled with particularity, and when the complaint is filed, the plaintiff is required to submit an affidavit signed by a physician that attests that the plaintiff’s COVID-19-related damages occurred as a result of the defendant’s acts or omissions. If these two steps do not occur, the court is required to dismiss the case.

As noted above, the court must also determine before a lawsuit continues whether the defendant made a good faith effort to substantially comply with authoritative or controlling government-issued health standards or guidelines. The plaintiff bears the burden to prove that the defendant did not make a good faith effort. If the plaintiff fails to meet their burden, the defendant is immune from civil liability. If the court finds that the defendant did not make a good faith effort, the lawsuit will proceed. But to prevail on the claim, the plaintiff must ultimately prove that the defendant was grossly negligent, proven by clear and convincing evidence.

If you are interested in reading the law’s text in its entirety, you can find a copy here.
0 Comments

Your comment will be posted after it is approved.


Leave a Reply.

    Nassau County Chamber of Commerce Blog

    Chamber Member Updates, Events and News

    Archives

    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    February 2020
    January 2020
    December 2019
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019

    Categories

    All
    Amelia Island
    Awards
    Callahan
    Chamber Announcements
    Chamber Member News & Updates
    Deals
    Events
    Fernandina Beach
    Florida
    Giving Back
    Government
    Hilliard
    Nassau County
    Resources
    Training
    Yulee

    RSS Feed

Nassau County Chamber of Commerce
961687 Gateway Blvd., Suite 101-G  |  Fernandina Beach, FL 32034
Phone: (904) 261-3248 | info@nassaucountyflchamber.com |​ site map
MemberClicks