Florida Senate - 2011                              CS for SB 926
       
       
       
       By the Committee on Commerce and Tourism; and Senator Storms
       
       
       
       
       577-02574-11                                           2011926c1
    1                        A bill to be entitled                      
    2         An act relating to the limitation of liability for
    3         employers who employ persons with a developmental
    4         disability; creating s. 768.0985, F.S.; providing that
    5         an employer, under certain circumstances, is not
    6         liable for the acts or omissions of an employee who is
    7         a person with a developmental disability; providing
    8         that a supported employment service provider that
    9         provides or has provided supported employment services
   10         to a person with a developmental disability is not
   11         liable for the actions or conduct of the person
   12         occurring within the scope of the person’s employment;
   13         defining the terms “developmental disability” and
   14         “supported employment service provider”; providing for
   15         application of the act; providing an effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 768.0895, Florida Statutes, is created
   20  to read:
   21         768.0895 Limitation of liability for employers of persons
   22  with disabilities.—
   23         (1) An employer who employs a person with a developmental
   24  disability is not liable for the acts or omissions, negligent or
   25  intentional, of the employee if:
   26         (a) The employee receives or has received supported
   27  employment services through a supported employment service
   28  provider; and
   29         (b) The employer does not have actual notice of the actions
   30  of the employee which created unsafe conditions in the
   31  workplace.
   32         (2) A supported employment service provider that provides
   33  or has provided supported employment services to a person with a
   34  developmental disability is not liable for the actions or
   35  conduct of the person which occur within the scope of the
   36  person’s employment.
   37         (3) As used in this section, the term:
   38         (a) “Developmental disability” has the same meaning as
   39  provided in s. 393.063.
   40         (b) “Supported employment service provider” means a not
   41  for-profit public or private organization or agency that
   42  provides services for persons in supported employment, as
   43  defined in s. 393.063.
   44         Section 2. This act shall take effect July 1, 2011, and
   45  applies to causes of action occurring on or after that date.