Rep. Lawrence McClure, R-Plant City, who is a business owner, said his bill is designed to help businesses recover from the pandemic’s devastating economic fallout.

“This bill is intended to give clarity to Florida businesses,” McClure said. “They shouldn’t have to live under a cloud of frivolous lawsuits.”

The bill would grant businesses, schools, and religious organizations immunity from COVID-19-related liability if they can demonstrate that they “substantially” complied with health guidelines.

Under a bifurcated procedure, plaintiffs would first be required to submit to the court a physician’s affidavit attesting that “within a reasonable degree of medical certainty” the defendant was responsible for the damages.

If the lawsuit proceeds, plaintiffs would be required to prove that the defendant acted with “gross negligence.” The bill would also raise the “preponderance of the evidence” standard to the more rigorous “clear and convincing.”

Curry Pajcic, treasurer of the Florida Justice Association, which represent trial lawyers, warned that the bill violates the U.S. Constitution’s Seventh Amendment right to a jury trial.

“It turns the judge into the jury, which is probably the most egregious constitutional issue,” he said.