Florida Senate - 2016 SB 1536
By Senator Richter
1 A bill to be entitled
2 An act relating to vulnerable adults; amending s.
3 415.1111, F.S.; providing for a cause of action
4 against the exploitation of vulnerable adults by a
5 facility providing goods and services to such
6 vulnerable adults under certain circumstances;
7 providing an effective date.
9 Be It Enacted by the Legislature of the State of Florida:
11 Section 1. Section 415.1111, Florida Statutes, is amended
12 to read:
13 415.1111 Civil actions.—
14 (1) A vulnerable adult who has been abused, neglected, or
15 exploited as specified in this chapter has a cause of action
16 against any perpetrator and may recover actual and punitive
17 damages for such abuse, neglect, or exploitation.
18 (2) The action may be brought by:
19 (a) The vulnerable adult, or that person’s guardian;
20 (b) A person or organization acting on behalf of the
21 vulnerable adult with the consent of that person or that
22 person’s guardian; ,
23 (c) A facility which has an obligation to provide for the
24 health, safety, and welfare of the vulnerable adult acting on
25 behalf of the vulnerable adult and with the consent of the
26 vulnerable adult, or if such consent cannot be given, if
27 necessary for the immediate health, safety, or welfare of the
28 vulnerable adult, provided that no punitive damages are
29 awardable under this paragraph; or by
30 (d) The personal representative of the estate of a deceased
31 victim without regard to whether the cause of death resulted
32 from the abuse, neglect, or exploitation.
33 (3) The action may be brought in any court of competent
34 jurisdiction to enforce such action and to recover actual and
35 punitive damages for any deprivation of or infringement on the
36 rights of a vulnerable adult. A party who prevails in any such
37 action may be entitled to recover reasonable attorney’s fees,
38 costs of the action, and damages.
39 (4) The remedies provided in this section are in addition
40 to and cumulative with other legal and administrative remedies
41 available to a vulnerable adult.
42 (5) Notwithstanding the foregoing, any civil action for
43 damages against any licensee or entity who establishes,
44 controls, conducts, manages, or operates a facility licensed
45 under part II of chapter 400 relating to its operation of the
46 licensed facility shall be brought pursuant to s. 400.023, or
47 against any licensee or entity who establishes, controls,
48 conducts, manages, or operates a facility licensed under part I
49 of chapter 429 relating to its operation of the licensed
50 facility shall be brought pursuant to s. 429.29. Such licensee
51 or entity shall not be vicariously liable for the acts or
52 omissions of its employees or agents or any other third party in
53 an action brought under this section.
54 Section 2. This act shall take effect July 1, 2016.