| 1 | A bill to be entitled |
| 2 | An act relating to employment liability for persons with |
| 3 | disabilities; providing a short title; creating s. |
| 4 | 768.0965, F.S.; limiting the liability of employers of |
| 5 | persons with developmental disabilities for acts or |
| 6 | omissions of such employees in certain circumstances; |
| 7 | providing that a not-for-profit supported employment |
| 8 | service provider who has provided supported employment |
| 9 | services to an individual with a developmental disability |
| 10 | is not liable for the actions or conduct of that |
| 11 | individual occurring within the scope of his or her |
| 12 | employment; providing an effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 16 | Section 1. This act may be cited as the "Employees with |
| 17 | Disabilities Opportunity Act." |
| 18 | Section 2. Section 768.0965, Florida Statutes, is created |
| 19 | to read: |
| 20 | 768.0965 Limitation of employment liability for persons |
| 21 | with disabilities.- |
| 22 | (1) An employer employing a person with a developmental |
| 23 | disability as defined in s. 393.063 is not liable for the acts |
| 24 | or omissions, negligent or intentional, of the employee, if: |
| 25 | (a) The employee has received supported employment |
| 26 | services through a public or private not-for-profit provider; |
| 27 | and |
| 28 | (b) The employer does not have actual notice of actions or |
| 29 | omissions of the employee which create unsafe conditions in the |
| 30 | workplace. |
| 31 | (2) A not-for-profit supported employment service provider |
| 32 | who has provided supported employment services to an individual |
| 33 | with a developmental disability as defined in s. 393.063 is not |
| 34 | liable for the actions or conduct of the individual occurring |
| 35 | within the scope of such individual's employment. |
| 36 | Section 3. This act shall take effect July 1, 2011. |