Senate Bill sb0280
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 280
By Senator Fasano
11-401-06
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 upon which immunities enjoyed by the provider
15 extend to the employee; requiring that
16 providers obtain and maintain specified
17 liability coverage; specifying that persons
18 providing contractual services to the state are
19 not considered agents or employees under ch.
20 440, F.S.; providing for an annual increase in
21 the conditional limitations on damages;
22 providing an effective date.
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24 Be It Enacted by the Legislature of the State of Florida:
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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
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 280
11-401-06
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 extend as well to each employee of the provider when
26 the employee is acting in furtherance of the provider's
27 responsibilities under its contract with the department. Such
28 immunities do not apply to a provider or employee who acts in
29 a culpably negligent manner or with willful and wanton
30 disregard or unprovoked physical aggression if such acts
31 result in injury or death.
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Florida Senate - 2006 (Corrected Copy) SB 280
11-401-06
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 chapter 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 July 1, 2006, 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, 2006.
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20 SENATE SUMMARY
21 Limits the liability of a detoxification program, an
addictions receiving facility, or a designated public
22 receiving facility to $1 million per claim. Requires that
providers maintain a minimum amount of liability coverage
23 of $1 million per claim and $3 million per incident. (See
bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.