HB 0595CS


1The Judiciary Committee recommends the following:
3     Council/Committee Substitute
4     Remove the entire bill and insert:
A bill to be entitled
6An act relating to community behavioral health agencies;
7creating s. 394.9085, F.S.; providing that certain
8facilities or programs have liability limits in negligence
9actions under certain circumstances; limiting net economic
10damages allowed per claim; requiring that damages be
11offset by collateral source payment in accordance with s.
12768.76, F.S.; requiring that costs to defend actions be
13assumed by the provider or its insurer; specifying
14occasions upon which the limitations on liability enjoyed
15by the provider extend to the employee; requiring that
16providers obtain and maintain specified liability
17coverage; specifying that persons providing contractual
18services to the state are not considered agents or
19employees under ch. 440, F.S.; providing for an annual
20increase in the conditional limitations on damages;
21providing definitions; providing an effective date.
23Be It Enacted by the Legislature of the State of Florida:
25     Section 1.  Section 394.9085, Florida Statutes, is created
26to read:
27     394.9085  Behavioral provider liability.--
28     (1)(a)  In any negligence action for damages for personal
29injury or wrongful death arising out of the provision of
30services for crisis stabilization brought against a
31detoxification program, an addictions receiving facility, or a
32designated public receiving facility, net economic damages shall
33be limited to $1 million per liability claim, including, but not
34limited to, past and future medical expenses, wage loss, and
35loss of earning capacity. In computing net economic damages,
36such damages shall be offset by any collateral source payment
37paid in accordance with s. 768.76.
38     (b)  In any negligence action for damages for personal
39injury or wrongful death arising out of the provision of
40services for crisis stabilization brought against any
41detoxification program, an addictions receiving facility, or a
42designated public receiving facility, noneconomic damages shall
43be limited to $200,000 per claim.
44     (c)  Any costs in defending actions brought under this
45section shall be assumed by the provider or its insurer.
46     (2)  The limitations on liability of a detoxification
47program, an addictions receiving facility, or any designated
48public receiving facility as described in subsection (1) shall
49be exclusive. Such limitations apply to each employee of the
50provider when the employee is acting in furtherance of the
51provider's responsibilities under its contract with the
52department. Such limitations do not apply to a provider or
53employee who acts in a culpably negligent manner or with willful
54and wanton disregard or unprovoked physical aggression if such
55acts result in injury or death.
56     (3)  The eligible provider under this section must, as part
57of its contract, obtain and maintain an insurance policy
58providing a minimum of $1 million per claim and $3 million per
59incident in coverage for claims described in subsection (1).
60     (4)  This section does not designate a person who provides
61contracted services to the department as an employee or agent of
62the state for purposes of chapter 440.
63     (5)  The Legislature is cognizant of the increasing costs
64of goods and services each year and recognizes that fixing a set
65amount of compensation actually has the effect of a reduction in
66compensation each year. Accordingly, the conditional limitations
67on damages in this section shall be increased at the rate of 5
68percent each year, prorated from July 1, 2006, to the date at
69which damages subject to such limitations are awarded by final
70judgment 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
74ss. 397.311(18)(b), 397.311(18)(a), and 394.455(26),
76     Section 2.  This act shall take effect July 1, 2006.

CODING: Words stricken are deletions; words underlined are additions.