Senate Bill sb0182c1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 182
By the Committee on Children and Families; and Senator Lynn
586-2126-05
1 A bill to be entitled
2 An act relating to community behavioral health
3 agencies; creating s. 394.9085, F.S.; providing
4 that certain facilities or programs defined in
5 chs. 394 and 397, F.S., have liability limits
6 in tort actions under certain circumstances;
7 limiting net economic damages allowed per
8 claim; requiring that damages be offset by
9 collateral source payment in accordance with s.
10 768.76, F.S.; providing for claims bills to be
11 filed with the Legislature; requiring that
12 costs to defend actions be assumed by the
13 provider or its insurer; specifying occasions
14 that immunities enjoyed by the provider extend
15 to the employee; requiring that providers
16 obtain and maintain specified liability
17 coverage; specifying that persons providing
18 contractual services to the state are not
19 considered agents or employees under ch. 490,
20 F.S.; providing for an annual increase in the
21 conditional limitations on damages; providing
22 an effective date.
23
24 Be It Enacted by the Legislature of the State of Florida:
25
26 Section 1. Section 394.9085, Florida Statutes, is
27 created to read:
28 394.9085 Behavioral provider liability.--
29 (1) In any tort action based on services provided for
30 crisis stabilization brought against a detoxification program
31 as defined in s. 397.311(18)(b), an addictions receiving
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 182
586-2126-05
1 facility as defined in s. 397.311(18)(a), or a designated
2 public receiving facility as defined in s. 394.455(26), net
3 economic damages shall be limited to $1 million per liability
4 claim, including, but not limited to, past and future medical
5 expenses, wage loss, and loss of earning capacity, offset by
6 any collateral source payment paid in accordance with s.
7 768.76. In any tort action based on services provided for
8 crisis stabilization brought against any detoxification
9 program as defined in s. 397.311(18)(b), an addictions
10 receiving facility as defined in s. 397.311(18)(a), or a
11 designated public receiving facility as defined in s.
12 394.455(26), noneconomic damages shall be limited to $200,000
13 per claim. Any claim may be settled up to policy limits
14 without further act of the Legislature. A claims bill may be
15 brought on behalf of a claimant pursuant to s. 768.28 for any
16 amount exceeding the limits specified in this subsection. Any
17 costs in defending actions brought under this section shall be
18 assumed by the provider or its insurer.
19 (2) The liability of a detoxification program as
20 defined in s. 397.311(18)(b), an addictions receiving facility
21 as defined in s. 397.311(18)(a), or any designated public
22 receiving facility as defined in s. 394.455(26) shall be
23 exclusive and in place of all other liability of such
24 provider. The same immunities from liability enjoyed by such
25 providers shall extend as well to each employee of the
26 provider when such employee is acting in furtherance of the
27 provider's responsibilities under its contract with the
28 department. Such immunities shall not be applicable to a
29 provider or employee who acts in a culpably negligent manner
30 or with willful and wanton disregard or unprovoked physical
31 aggression when such acts result in injury or death.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 182
586-2126-05
1 (3) The eligible provider under this section must, as
2 part of its contract, obtain and maintain a minimum of $1
3 million per claim and $3 million per incident in general
4 liability coverage.
5 (4) This section does not designate a person who
6 provides contracted services to the Department of Children and
7 Family Services as an employee or agent of the state for
8 purposes of ch. 440.
9 (5) The Legislature is cognizant of the increasing
10 costs of goods and services each year and recognizes that
11 fixing a set amount of compensation actually has the effect of
12 a reduction in compensation each year. Accordingly, the
13 conditional limitations on damages in this section shall be
14 increased at the rate of 5 percent each year, prorated from
15 the July 1, 2005, to the date at which damages subject to such
16 limitations are awarded by final judgment or settlement.
17 Section 2. This act shall take effect July 1, 2005.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2005 CS for SB 182
586-2126-05
1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 182
3
4 Removes the provisions amending s. 768.28, F.S., and instead
creates s. 394.90085, F.S.
5
Removes the provision designating certain substance abuse
6 treatment providers as agents of the state for the purposes of
sovereign immunity.
7
Takes out the provision granting substance abuse provider
8 immunity for publicly funded services.
9 Eliminates the requirement that contracts provide for the
indemnification of the state by the agent for liabilities
10 incurred up to the limits set out in law.
11 Provides that facilities or programs defined in s.
397.311(18)(b), s.397.311(18)(a), and s. 394.455(26), F.S.,
12 shall have specified liability limits in tort actions that are
based on services for crisis stabilization.
13
Specifies that damages awarded must be offset by any
14 collateral source payment paid in accordance with s. 768.76,
F.S.
15
Requires that the costs of defending actions brought under
16 this section must be assumed by the provider or its insurer.
17 Specifies that immunities enjoyed by the provider extend to
employees under certain conditions.
18
Provides that, as a part of the contract, providers must
19 obtain and maintain a specified amount of general liability
coverage.
20
Specifies that limitations on damages specified by this act
21 shall be increased at the rate of five percent each year.
22
23
24
25
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.