Senate Bill sb0182

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    Florida Senate - 2005                                   SB 182

    By Senator Lynn





    7-136-05

  1                      A bill to be entitled

  2         An act relating to sovereign immunity; amending

  3         s. 768.28, F.S.; providing that certain

  4         contractors acting on behalf of the Department

  5         of Children and Family Services, and their

  6         employees and agents, be considered agents of

  7         the state for purposes of the waiver of

  8         sovereign immunity in tort actions; providing

  9         that such persons are not employees or agents

10         for purposes of workers' compensation;

11         requiring contracts to provide for

12         indemnification of the state by such agents;

13         amending ss. 163.01, 456.048, 458.320,

14         459.0085, 624.461, 624.462, 627.733, F.S., to

15         conform cross-references; providing an

16         effective date.

17  

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

19  

20         Section 1.  Present subsections (12) through (20) of

21  section 768.28, Florida Statutes, are renumbered as

22  subsections (13) through (21), respectively, and a new

23  subsection (12) is added to that section, to read:

24         768.28  Waiver of sovereign immunity in tort actions;

25  recovery limits; limitation on attorney fees; statute of

26  limitations; exclusions; indemnification; risk management

27  programs.--

28         (12)(a)  Providers or vendors, or any of their

29  employees or agents, that have contractually agreed to act on

30  behalf of the state as agents of the Department of Children

31  and Family Services to provide services to individuals in need

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    Florida Senate - 2005                                   SB 182
    7-136-05




 1  of detoxification and services through an addictions receiving

 2  facility under chapter 397 are, solely with respect to such

 3  services, agents of the state for purposes of this section

 4  while acting within the scope of and pursuant to guidelines

 5  established in the contract or by rule. A contract must

 6  provide for the indemnification of the state by the agent for

 7  any liabilities incurred up to the limits set out in this

 8  chapter.

 9         (b)  This subsection does not designate a person who

10  provides contracted services to the Department of Children and

11  Family Services as an employee or agent of the state for

12  purposes of chapter 440.

13         Section 2.  Paragraph (h) of subsection (3) of section

14  163.01, Florida Statutes, is amended to read:

15         163.01  Florida Interlocal Cooperation Act of 1969.--

16         (3)  As used in this section:

17         (h)  "Local government liability pool" means a

18  reciprocal insurer as defined in s. 629.021 or any

19  self-insurance program created pursuant to s. 768.28(17) s.

20  768.28(16), formed and controlled by counties or

21  municipalities of this state to provide liability insurance

22  coverage for counties, municipalities, or other public

23  agencies of this state, which pool may contract with other

24  parties for the purpose of providing claims administration,

25  processing, accounting, and other administrative facilities.

26         Section 3.  Paragraph (a) of subsection (2) of section

27  456.048, Florida Statutes, is amended to read:

28         456.048  Financial responsibility requirements for

29  certain health care practitioners.--

30  

31  

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    Florida Senate - 2005                                   SB 182
    7-136-05




 1         (2)  The board or department may grant exemptions upon

 2  application by practitioners meeting any of the following

 3  criteria:

 4         (a)  Any person licensed under chapter 457, s.

 5  458.3475, s. 459.023, chapter 460, chapter 461, s. 464.012,

 6  chapter 466, or chapter 467 who practices exclusively as an

 7  officer, employee, or agent of the Federal Government or of

 8  the state or its agencies or its subdivisions.  For the

 9  purposes of this subsection, an agent of the state, its

10  agencies, or its subdivisions is a person who is eligible for

11  coverage under any self-insurance or insurance program

12  authorized by s. 768.28(17) the provisions of s. 768.28(16) or

13  who is a volunteer under s. 110.501(1).

14         Section 4.  Paragraph (a) of subsection (5) of section

15  458.320, Florida Statutes, is amended to read:

16         458.320  Financial responsibility.--

17         (5)  The requirements of subsections (1), (2), and (3)

18  do not apply to:

19         (a)  Any person licensed under this chapter who

20  practices medicine exclusively as an officer, employee, or

21  agent of the Federal Government or of the state or its

22  agencies or its subdivisions. For the purposes of this

23  subsection, an agent of the state, its agencies, or its

24  subdivisions is a person who is eligible for coverage under

25  any self-insurance or insurance program authorized by s.

26  768.28(17) the provisions of s. 768.28(16).

27         Section 5.  Paragraph (a) of subsection (5) of section

28  459.0085, Florida Statutes, is amended to read:

29         459.0085  Financial responsibility.--

30         (5)  The requirements of subsections (1), (2), and (3)

31  do not apply to:

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    Florida Senate - 2005                                   SB 182
    7-136-05




 1         (a)  Any person licensed under this chapter who

 2  practices medicine exclusively as an officer, employee, or

 3  agent of the Federal Government or of the state or its

 4  agencies or its subdivisions.  For the purposes of this

 5  subsection, an agent of the state, its agencies, or its

 6  subdivisions is a person who is eligible for coverage under

 7  any self-insurance or insurance program authorized by s.

 8  768.28(17) the provisions of s. 768.28(16).

 9         Section 6.  Section 624.461, Florida Statutes, is

10  amended to read:

11         624.461  Definition.--For the purposes of the Florida

12  Insurance Code, "self-insurance fund" means both commercial

13  self-insurance funds organized under s. 624.462 and group

14  self-insurance funds organized under s. 624.4621. The term

15  "self-insurance fund" does not include a governmental

16  self-insurance pool created under s. 768.28(17) s. 768.28(16).

17         Section 7.  Subsection (6) of section 624.462, Florida

18  Statutes, is amended to read:

19         624.462  Commercial self-insurance funds.--

20         (6)  A governmental self-insurance pool created

21  pursuant to s. 768.28(17) s. 768.28(16) shall not be

22  considered a commercial self-insurance fund.

23         Section 8.  Subsection (3) of section 627.733, Florida

24  Statutes, is amended to read:

25         627.733  Required security.--

26         (3)  Such security shall be provided:

27         (a)  By an insurance policy delivered or issued for

28  delivery in this state by an authorized or eligible motor

29  vehicle liability insurer which provides the benefits and

30  exemptions contained in ss. 627.730-627.7405.  Any policy of

31  insurance represented or sold as providing the security

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    Florida Senate - 2005                                   SB 182
    7-136-05




 1  required hereunder shall be deemed to provide insurance for

 2  the payment of the required benefits; or

 3         (b)  By any other method authorized by s. 324.031(2),

 4  (3), or (4) and approved by the Department of Highway Safety

 5  and Motor Vehicles as affording security equivalent to that

 6  afforded by a policy of insurance or by self-insuring as

 7  authorized by s. 768.28(17) s. 768.28(16). The person filing

 8  such security shall have all of the obligations and rights of

 9  an insurer under ss. 627.730-627.7405.

10         Section 9.  This act shall take effect July 1, 2005.

11  

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13                          SENATE SUMMARY

14    Provides that contractors that provide the Department of
      Children and Family Services with detoxification services
15    and services at an addiction recovery facility, and the
      employees and agents of such contractors, are considered
16    agents of the state for purposes of the waiver of
      sovereign immunity, but are not considered state
17    employees for purposes of workers' compensation.
      Contracts must provide for indemnification of the state
18    by the agent for liabilities incurred.

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