Becker & Poliakoff

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CALL ALERT: Governor DeSantis Signs COVID-19 Liability Bill

Dramatic photo of the Florida Capitol Building during dusk.Yesterday Governor DeSantis signed SB 72 which gives civil immunity to not-for-profit corporations, hospitals, nursing homes, government entities, schools and churches for COVID-19 related claims as long as the alleged negligence doesn’t involve gross negligence or intentional misconduct. “COVID-19 related claim” means a civil liability claim against a person, including a natural person, a business entity, an educational institution, a governmental entity, or a religious institution, which arises from or is related to COVID-19. The term includes any such claim for damages, injury, or death.

Agency Revisits Term Limit Issue

In 2017, the Florida Legislature passed a law which stated that condominium directors could not serve more than 4 consecutive 2-year terms, essentially creating an 8-year term limit.

The obvious immediate question was whether this law would be applied retroactively (reach back to prior years of service to determine if a director was “termed out”) or whether the law would only be applied prospectively (meaning that you would not count previous terms in calculating the 8 year term limit). The law itself did not say one way or the other whether it was intended to be retroactive.