Several bills that will impact community associations throughout the state were enacted into law this year. The following are summaries of community association-related bills that the Governor approved:
Senate Bill 72: Civil Liability for Damages Relating to COVID-19
The Florida Legislature made Covid-19 civil liability protections for businesses, healthcare providers, non-profits, and other organizations a major priority for the 2021 session, and on March 29th it became the year’s first bill signed into law by Gov. Ron DeSantis. With the enactment of Senate Bill 72, creating Section 768.38, Florida Statutes, businesses are now afforded protection from civil liability claims stemming from the Covid-19 virus as long as the business made a good faith effort to substantially comply with government-issued health standards or guidance at the time the cause of action would have accrued.
Individuals seeking to file claims for coronavirus-related injuries or death against covered entities will need to provide an affidavit from a medical professional asserting that they contracted the virus at the corresponding property. The claims must also demonstrate “clear and convincing evidence” of “gross negligence” in order to establish its validity. In order to prevail, plaintiffs will also be required to demonstrate in court that a defendant did not make a good faith effort to comply with public health guidelines.
The law also sets a one-year statute of limitations for the filing of lawsuits from either the date of death, hospitalization or the Covid-19 diagnosis involved in the claim, whichever is latest. The new law applies to claims that accrued before the enactment of the law and within one year following the Governor’s March 29 signing, but it does not apply to lawsuits that have already been filed.
Senate Bill 630: Community Associations
Section 627.714, Fla. Stat., has been revised to provide that if a condominium association’s insurance policy does not provide rights for subrogation against the unit owners in the association, an insurance policy issued to an individual unit owner in the association may not provide rights of subrogation against the condominium association.