Senate Bill 0660

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1999                                   SB 660

    By Senators Brown-Waite and McKay





    10-451A-99

  1                      A bill to be entitled

  2         An act relating to foster care; specifying that

  3         a provider that furnishes foster care services

  4         under a contract with the Department of

  5         Children and Family Services is an

  6         instrumentality of the state; providing for

  7         certain limitations on tort actions brought

  8         against the provider; requiring that a contract

  9         provide for indemnification of the state due to

10         negligence of the provider; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Any provider that furnishes foster care

16  under a contract with the Department of Children and Family

17  Services is deemed to be a corporation acting primarily as an

18  instrumentality of the state, and the limitations on tort

19  actions contained in section 768.28, Florida Statutes, shall

20  apply to any action brought against the provider with respect

21  to such foster care services if the provider is acting within

22  the scope of and pursuant to guidelines established in the

23  contract or by rule of the Department of Children and Family

24  Services. A contract must provide for the indemnification of

25  the state by the provider for any liabilities that may be

26  incurred by the state due to negligence of the provider, up to

27  the limits established under section 768.28, Florida Statutes,

28  in addition to all defense costs incurred by the state.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                                   SB 660
    10-451A-99




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  2                          SENATE SUMMARY

  3    Provides that a foster-care provider acting under a
      contract with the Department of Children and Family
  4    Services is an instrumentality of the state for purposes
      of the waiver of sovereign immunity in tort actions.
  5    Provides for certain limitations to apply with respect to
      any such tort action if the provider is acting within the
  6    scope of the contract and rules of the department.
      Requires that the contract provide for indemnification of
  7    the state for certain liabilities and defense costs
      incurred by the state.
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