The Florida Legislature is in the middle of its annual committee week process and will kickoff the 2021 regular session in early March. While a myriad of topics will be addressed this year, two major policy initiatives are gaining traction and will consume significant legislative bandwidth in the weeks to come: COVID-19 liability protections for Florida’s businesses and a major package from Governor DeSantis to strengthen the state’s laws against rioting and civil unrest. Let’s explore these bills in a little more detail.
For months, there has been a national conversation on the need to pass liability protections for businesses seeking to operate or resume operation in the midst of the ongoing COVID-19 pandemic. Congress, thus far, has been unable to reach a compromise. Therefore, Florida legislators will take matters into their own hands this legislative session with a statewide liability reform package related to the virus. The effort is comprised of two pieces of legislation, HB 7 by Representative Lawrence McClure (R – Plant City) and SB 72 by Senator Jeff Brandes (R – St. Petersburg), both entitled “Civil Liability for Damages Relating to COVID-19.” Under this legislation, Florida businesses, schools, nonprofits and religious institutions would have immunity from many lawsuits resulting from the COVID-19 pandemic and it would be harder for plaintiffs to sue in cases stemming from the outbreak. Notably, health care entities are currently excluded from the protections, as negotiations between the House and Senate are ongoing on that group. Another potential sticking point in the bills is the issue of retroactivity of the afforded protections, which businesses desire but some attorneys challenge on constitutional grounds.
During the Summer and Fall of 2020, amid nationwide protests and violence, Governor Ron DeSantis proposed a sweeping reform package aimed at strengthening state laws against rioting and civil unrest. As the nation has watched further unrest in Washington, DC this year, the Legislature has doubled down on the effort with two bills aimed at fulfilling the Governor’s request: House Bill 1 by Representative Juan Alphonso Fernandez-Barquin (R – Miami) and Senate Bill 484 by Senator Danny Burgess
(R – Zephyrhills). The identical pieces of legislation are comprised of 21 sections covering 60 pages. The legislation would amend
many statutes by increasing the offenses (e.g., from a misdemeanor to a felony) for established crimes when committed during a
riot or aggravated riot. In so doing, the legislation also proposes three new crimes (mob intimidation; destroying or demolishing a memorial and cyber intimidation by publication). Finally, an affirmative defense is created for defendants in civil actions when the plaintiff suing for injury or wrongful death sustained that injury during the participation in a riot. The legislation also addresses law enforcement funding and efforts to “defund the police” by creating a right for citizens to formally appeal a municipality’s proposed law enforcement budget if the total amount was reduced from the previous year. The appeal would be sent to the Governor’s office and ultimately adjudicated by the Administration Commission which has final say. Lastly, the legislation would waive a municipality’s sovereign immunity for claims resulting from a riot, if the municipality is found to have limited its police department’s ability to maintain safety.
These bills will play significant roles during the 2021 regular session of the Florida Legislature and, upon passage, could be defining topics of the year in state government. We will keep you informed every step of the way as we continue to advocate for FRSA and industry priorities in Tallahassee.
Chris Dawson is an attorney and professional lobbyist for GrayRobinson’s Orlando office 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.