FL H7005

Creates Section 768.381 of Florida Statutes establishing liability protections for health care providers against COVID-19-related civil claims to ensure institutional viability during the pandemic.

Requires COVID-19-related medical claims to be pleaded with particularity and proven by greater weight of evidence showing gross negligence or intentional misconduct, with affirmative defenses for substantial compliance with government health standards.

Requires COVID-19-related negligence claims (involving non-patients) to include a physician affidavit and subjects defendants to court determination of good faith effort to comply with government standards; good faith effort provides immunity unless gross negligence is proven by clear and convincing evidence.

Sets 1-year statute of limitations for commencing civil actions for COVID-19-related claims, measured from cause of action accrual or from the act's effective date if the cause accrued before enactment.

Applies retroactively but not to actions already commenced against named defendants; automatically repeals 1 year and 1 day after enactment unless the Legislature reenacts it.