Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 280
Barcode 942068
CHAMBER ACTION
Senate House
.
.
1 Comm: FAV .
04/18/2006 07:46 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Health and Human Services Appropriations
12 (Peaden) recommended the following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 394.9085, Florida Statutes, is
19 created to read:
20 394.9085 Behavioral provider liability.--
21 (1)(a) In any negligence action for damages for
22 personal injury or wrongful death arising out of the provision
23 of services for crisis stabilization brought against a
24 detoxification program, an addictions receiving facility, or a
25 designated public receiving facility, 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. In computing net economic
29 damages, such damages shall be offset by any collateral source
30 payment paid in accordance with s. 768.76.
31 (b) In any negligence action for damages for personal
1
2:24 PM 04/17/06 s0280d-ha02-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 280
Barcode 942068
1 injury or wrongful death arising out of the provision of
2 services for crisis stabilization brought against any
3 detoxification program, an addictions receiving facility, or a
4 designated public receiving facility, noneconomic damages
5 shall be limited to $200,000 per claim.
6 (c) Any costs in defending actions brought under this
7 section shall be assumed by the provider or its insurer.
8 (2) The limitations on liability of a detoxification
9 program, an addictions receiving facility, or any designated
10 public receiving facility as described in subsection (1) shall
11 be exclusive. Such limitations apply to each employee of the
12 provider when the employee is acting in furtherance of the
13 provider's responsibilities under its contract with the
14 department. Such limitations do not apply to a provider or
15 employee who acts in a culpably negligent manner or with
16 willful and wanton disregard or unprovoked physical aggression
17 if such acts result in injury or death.
18 (3) The eligible provider under this section must, as
19 part of its contract, obtain and maintain an insurance policy
20 providing a minimum of $1 million per claim and $3 million per
21 incident in coverage for claims described in subsection (1).
22 (4) This section does not designate a person who
23 provides contracted services to the department as an employee
24 or agent of the state for purposes of chapter 440.
25 (5) The Legislature is cognizant of the increasing
26 costs of goods and services each year and recognizes that
27 fixing a set amount of compensation actually has the effect of
28 a reduction in compensation each year. Accordingly, the
29 conditional limitations on damages in this section shall be
30 increased at the rate of 5 percent each year, prorated from
31 July 1, 2006, to the date at which damages subject to such
2
2:24 PM 04/17/06 s0280d-ha02-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 280
Barcode 942068
1 limitations are awarded by final judgment or settlement.
2 (6) For purposes of this section, the terms
3 "detoxification program," "addictions receiving facility," and
4 "receiving facility" have the same meanings as those provided
5 in ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26),
6 respectively.
7 (7) This section does not waive sovereign immunity for
8 any governmental unit or other entity protected by sovereign
9 immunity. Section 768.28 shall continue to apply to all
10 governmental units and such entities.
11 Section 2. This act shall take effect July 1, 2006.
12
13
14 ================ T I T L E A M E N D M E N T ===============
15 And the title is amended as follows:
16 Delete everything before the enacting clause
17
18 and insert:
19 A bill to be entitled
20 An act relating to community behavioral health
21 agencies; creating s. 394.9085, F.S.; providing
22 that certain facilities or programs have
23 liability limits in negligence actions under
24 certain circumstances; limiting net economic
25 damages allowed per claim; requiring that
26 damages be offset by collateral source payment
27 in accordance with s. 768.76, F.S.; requiring
28 that costs to defend actions be assumed by the
29 provider or its insurer; specifying occasions
30 upon which the limitations on liability enjoyed
31 by the provider extend to the employee;
3
2:24 PM 04/17/06 s0280d-ha02-t01
Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 280
Barcode 942068
1 requiring that providers obtain and maintain
2 specified liability coverage; specifying that
3 persons providing contractual services to the
4 state are not considered agents or employees
5 under ch. 440, F.S.; providing for an annual
6 increase in the conditional limitations on
7 damages; providing definitions; providing
8 construction; preserving sovereign immunity for
9 governmental units and entities protected by
10 sovereign immunity; providing an effective
11 date.
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
4
2:24 PM 04/17/06 s0280d-ha02-t01