Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 182
Barcode 985862
CHAMBER ACTION
Senate House
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11 The Committee on Children and Families (Lynn) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Section 394.9085, Florida Statutes, is
19 created to read:
20 394.9085 Behavioral provider liability.--
21 (1) In any tort action based on services provided for
22 crisis stabilization brought against a detoxification program
23 defined in s. 397.311(18)(b), an addictions receiving facility
24 defined in s. 397.311(18)(a), or a designated public receiving
25 facility, as defined in s. 394.455(26), net economic damages
26 shall be limited to $1 million per liability claim, including,
27 but not limited to past and future medical expenses, wage
28 loss, and loss of earning capacity, offset by any collateral
29 source payment paid in accordance with s. 768.76. In any tort
30 action based on services provided for crisis stabilization,
31 brought against any detoxification program defined in s.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 182
Barcode 985862
1 397.311(18)(b), an addictions receiving facility defined in s.
2 397.311(18)(a), or a designated public receiving facility, as
3 defined in s. 394.455(26), non-economic damages shall be
4 limited to $200,000 per claim. Any claim may be settled up to
5 policy limits without further act of the Legislature. A claims
6 bill may be brought on behalf of a claimant pursuant to s.
7 768.28 for any amount exceeding the limits specified in this
8 paragraph. Any costs in defending actions brought under this
9 section shall be assumed by the provider or its insurer.
10 (2) The liability of a detoxification program defined
11 in s. 397.311(18)(b), an addictions receiving facility defined
12 in s. 397.311(18)(a), or any designated public receiving
13 facility, as defined in s. 394.455(26), shall be exclusive and
14 in place of all other liability of such provider. The same
15 immunities from liability enjoyed by such providers shall
16 extend as well to each employee of the provider when such
17 employee is acting in furtherance of the provider's
18 responsibilities under its contract with the department. Such
19 immunities shall not be applicable to a provider or employee
20 who acts in a culpably negligent manner or with willful and
21 wanton disregard or unprovoked physical aggression when such
22 acts result in injury or death.
23 (3) The eligible provider under this section must, as
24 part of its contract, obtain and maintain a minimum of $1
25 million per claim and $3 million per incident in general
26 liability coverage.
27 (4) This subsection does not designate a person who
28 provides contracted services to the Department of Children and
29 Family Services as an employee or agent of the state for
30 purposes of chapter 440.
31 (5) The Legislature is cognizant of the increasing
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 182
Barcode 985862
1 costs of goods and services each year and recognizes that
2 fixing a set amount of compensation actually has the effect of
3 a reduction in compensation each year. Accordingly, the
4 conditional limitations on damages in this section shall be
5 increased at the rate of 5 percent each year, prorated from
6 the effective date of this paragraph to the date at which
7 damages subject to such limitations are awarded by final
8 judgment or settlement.
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12 And the title is amended as follows:
13 Delete everything before the enacting clause
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15 and insert:
16 A bill to be entitled
17 An act relating to community behavioral health
18 agencies; creating s. 394.9085, F.S.; providing that certain
19 facilities or programs defined in chapters 394 and 397, F.S.,
20 shall have liability limits in tort actions under certain
21 circumstances; limiting net economic damages allowed per
22 claim; requiring that damages be offset by collateral source
23 payment in accordance with s. 768.76, F.S.; providing for
24 claims bills to be filed with the Legislature; requiring costs
25 to defend actions be assumed by the provider or its insurer;
26 providing for occasions that immunities enjoyed by the
27 provider extend to the employee; requiring that providers
28 obtain and maintain specified liability coverage; specifying
29 that persons providing contractual services to the state are
30 not considered agents or employees under chapter 490, F.S.;
31 providing for an annual increase in the conditional
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 182
Barcode 985862
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