1 | The Judiciary Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to community behavioral health agencies; |
7 | creating s. 394.9085, F.S.; providing that certain |
8 | facilities or programs have liability limits in negligence |
9 | actions under certain circumstances; limiting net economic |
10 | damages allowed per claim; requiring that damages be |
11 | offset by collateral source payment in accordance with s. |
12 | 768.76, F.S.; requiring that costs to defend actions be |
13 | assumed by the provider or its insurer; specifying |
14 | occasions upon which the limitations on liability enjoyed |
15 | by the provider extend to the employee; requiring that |
16 | providers obtain and maintain specified liability |
17 | coverage; specifying that persons providing contractual |
18 | services to the state are not considered agents or |
19 | employees under ch. 440, F.S.; providing for an annual |
20 | increase in the conditional limitations on damages; |
21 | providing definitions; providing an effective date. |
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23 | Be It Enacted by the Legislature of the State of Florida: |
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25 | Section 1. Section 394.9085, Florida Statutes, is created |
26 | to read: |
27 | 394.9085 Behavioral provider liability.-- |
28 | (1)(a) In any negligence action for damages for personal |
29 | injury or wrongful death arising out of the provision of |
30 | services for crisis stabilization brought against a |
31 | detoxification program, an addictions receiving facility, or a |
32 | designated public receiving facility, net economic damages shall |
33 | be limited to $1 million per liability claim, including, but not |
34 | limited to, past and future medical expenses, wage loss, and |
35 | loss of earning capacity. In computing net economic damages, |
36 | such damages shall be offset by any collateral source payment |
37 | paid in accordance with s. 768.76. |
38 | (b) In any negligence action for damages for personal |
39 | injury or wrongful death arising out of the provision of |
40 | services for crisis stabilization brought against any |
41 | detoxification program, an addictions receiving facility, or a |
42 | designated public receiving facility, noneconomic damages shall |
43 | be limited to $200,000 per claim. |
44 | (c) Any costs in defending actions brought under this |
45 | section shall be assumed by the provider or its insurer. |
46 | (2) The limitations on liability of a detoxification |
47 | program, an addictions receiving facility, or any designated |
48 | public receiving facility as described in subsection (1) shall |
49 | be exclusive. Such limitations apply to each employee of the |
50 | provider when the employee is acting in furtherance of the |
51 | provider's responsibilities under its contract with the |
52 | department. Such limitations do not apply to a provider or |
53 | employee who acts in a culpably negligent manner or with willful |
54 | and wanton disregard or unprovoked physical aggression if such |
55 | acts result in injury or death. |
56 | (3) The eligible provider under this section must, as part |
57 | of its contract, obtain and maintain an insurance policy |
58 | providing a minimum of $1 million per claim and $3 million per |
59 | incident in coverage for claims described in subsection (1). |
60 | (4) This section does not designate a person who provides |
61 | contracted services to the department as an employee or agent of |
62 | the state for purposes of chapter 440. |
63 | (5) The Legislature is cognizant of the increasing costs |
64 | of goods and services each year and recognizes that fixing a set |
65 | amount of compensation actually has the effect of a reduction in |
66 | compensation each year. Accordingly, the conditional limitations |
67 | on damages in this section shall be increased at the rate of 5 |
68 | percent each year, prorated from July 1, 2006, to the date at |
69 | which damages subject to such limitations are awarded by final |
70 | judgment or settlement. |
71 | (6) For purposes of this section, the terms |
72 | "detoxification program," "addictions receiving facility," and |
73 | "receiving facility" have the same meanings as those provided in |
74 | ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26), |
75 | respectively. |
76 | Section 2. This act shall take effect July 1, 2006. |