Chris Dawson, Attorney, GrayRobinson Law Firm
The 2021 regular session of the Florida Legislature is hitting a crescendo in the pivotal final weeks with the fate of bills and the details of a $100 billion-plus state budget on the line. Legislators are feverishly working to put the final touches on policy proposals
and beat the legislative clock in getting them to the floor. Meanwhile, budget-writers are sharpening their pencils to hash out a state spending plan for the 2021-2022 fiscal year that will focus on economic recovery from COVID-19, environmental infrastructure and newly created resilience efforts. However, a few pieces of legislation have already passed the Legislature
and gone to the Governor for approval. Let’s take a look at the first major bills to cross the legislative finish line.
■ This bill aims to protect Florida businesses from frivolous lawsuits by creating civil liability protections against COVID-19-related claims.
■ For COVID-19-related claims against nonhealthcare entities, the bill requires a plaintiff to submit a physician’s affidavit stating that the defendant caused the plaintiff’s damages, injury or death, “within a reasonable degree of medical certainty.”
■ If the first burden is met, the court must then determine whether the defendant made a good faith effort to substantially comply with health standards at the time of the incident. If the court determines that the defendant made a good faith effort, the defendant is granted immunity.
■ For COVID-19-related claims against health care providers, the protections primarily relate to claims arising from the diagnosis or treatment of a person for COVID-19, the provision of a novel or experimental COVID-19 treatment, the transmission of COVID-19 and the delay or cancellation of a surgery or medical procedure.
■ This bill requires out-of-state retailers and marketplace providers with no physical presence in Florida to collect Florida’s sales tax on items delivered to in-state purchasers if the out-of-state retailer or marketplace provider generates $100,000 or more in remote sales into Florida annually.
■ This bill does not impose a new tax. Rather, it changes the way the tax is collected in order to ensure compliance, boosting state and local revenues by hundreds of millions.
■ The legislation earmarks the new revenues collected to the Unemployment Compensation Trust Fund until the balance reaches $4-plus billion. Thereafter, the bill reduces the tax rate on commercial real property rentals from 5.5 percent to 2.0 percent.
Both pieces of legislation were top priorities for the Governor and legislative leadership. With these major pawns off the chess table, legislators have only days to complete their work for an on-time conclusion to the 2021 regular session.
Chris Dawson is an Attorney and professional Lobbyist for GrayRobinson Orlando Law Firm and is licensed to practice law in both Florida and Alabama. He primarily focuses on lobbying and government relations for public and private sector clients at the executive and legislative levels of state government. He is credentialed as a Designated Professional Lobbyist by the Florida
Association of Professional Lobbyists. Chris also holds two degrees in Civil Engineering and has experience in construction litigation and design professional malpractice defense.