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The Committee on Health and Human Services Appropriations (Gaetz)

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recommended the following amendment:

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     Senate Amendment (with title amendment)

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     Between lines 987 and 988,

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insert:

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     Section 21.  Paragraphs (h) and (j) of subsection (1) of

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section 409.1671, Florida Statutes, are amended to read:

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     409.1671  Foster care and related services; outsourcing.--

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     (1)

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     (h)  Other than an entity to which s. 768.28 applies, any

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eligible lead community-based provider, as defined in paragraph

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(e), or its employees or officers, except as otherwise provided

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in paragraph (i), must, as a part of its contract, obtain a

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minimum of $1 million per claim/$3 million per incident in

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general liability insurance coverage. The eligible lead

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community-based provider must also require that staff who

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transport client children and families in their personal

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automobiles in order to carry out their job responsibilities

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obtain minimum bodily injury liability insurance in the amount of

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$100,000 per claim, $300,000 per incident, on their personal

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automobiles. In lieu of personal motor vehicle insurance, the

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lead community-based provider's casualty, liability, or motor

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vehicle insurance carrier may provide nonowned automobile

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liability coverage. This insurance provides liability insurance

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for automobiles that the provider uses in connection with the

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provider's business but does not own, lease, rent, or borrow.

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This coverage includes automobiles owned by the employees of the

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provider or a member of the employee's household but only while

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the automobiles are used in connection with the provider's

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business. The nonowned automobile coverage for the provider

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applies as excess coverage over any other collectible insurance.

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The personal automobile policy for the employee of the provider

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shall be primary insurance and the nonowned automobile coverage

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of the provider acts as excess insurance to the primary

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insurance. The provider shall provide a minimum limit of $1

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million in nonowned automobile coverage. In any tort action

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brought against such an eligible lead community-based provider or

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employee, net economic damages shall be limited to $1 million per

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liability claim and $100,000 per automobile claim, including, but

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not limited to, past and future medical expenses, wage loss, and

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loss of earning capacity, offset by any collateral source payment

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paid or payable. In any tort action brought against such an

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eligible lead community-based provider, noneconomic damages shall

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be limited to $200,000 per claim. A claims bill may be brought on

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behalf of a claimant pursuant to s. 768.28 for any amount

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exceeding the limits specified in this paragraph. Any offset of

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collateral source payments made as of the date of the settlement

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or judgment shall be in accordance with s. 768.76. The lead

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community-based provider shall not be liable in tort for the acts

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or omissions of its subcontractors or the officers, agents, or

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employees of its subcontractors.

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     (j)  Any subcontractor of an eligible lead community-based

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provider, as defined in paragraph (e), which is a direct provider

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of foster care and related services to children and families, and

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its employees or officers, except as otherwise provided in

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paragraph (i), must, as a part of its contract, obtain a minimum

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of $1 million per claim/$3 million per incident in general

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liability insurance coverage. The subcontractor of an eligible

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lead community-based provider must also require that staff who

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transport client children and families in their personal

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automobiles in order to carry out their job responsibilities

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obtain minimum bodily injury liability insurance in the amount of

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$100,000 per claim, $300,000 per incident, on their personal

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automobiles. In lieu of personal motor vehicle insurance, the

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subcontractor's casualty, liability, or motor vehicle insurance

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carrier may provide nonowned automobile liability coverage. This

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insurance provides liability insurance for automobiles that the

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subcontractor uses in connection with the subcontractor's

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business but does not own, lease, rent, or borrow. This coverage

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includes automobiles owned by the employees of the subcontractor

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or a member of the employee's household but only while the

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automobiles are used in connection with the subcontractor's

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business. The nonowned automobile coverage for the subcontractor

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applies as excess coverage over any other collectible insurance.

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The personal automobile policy for the employee of the

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subcontractor shall be primary insurance and the nonowned

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automobile coverage of the subcontractor acts as excess insurance

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to the primary insurance. The subcontractor shall provide a

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minimum limit of $1 million in nonowned automobile coverage. In

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any tort action brought against such subcontractor or employee,

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net economic damages shall be limited to $1 million per liability

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claim and $100,000 per automobile claim, including, but not

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limited to, past and future medical expenses, wage loss, and loss

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of earning capacity, offset by any collateral source payment paid

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or payable. In any tort action brought against such

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subcontractor, noneconomic damages shall be limited to $200,000

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per claim. A claims bill may be brought on behalf of a claimant

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pursuant to s. 768.28 for any amount exceeding the limits

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specified in this paragraph. Any offset of collateral source

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payments made as of the date of the settlement or judgment shall

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be in accordance with s. 768.76.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 65, after the first semicolon,

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insert:

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amending s. 409.1671, F.S.; providing that a community-

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based provider or a subcontractor of a community-based

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provider may provide nonowned automobile liability

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coverage in lieu of providing personal motor vehicle

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insurance; providing terms, conditions, and applicability

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for nonowned automobile insurance coverage; requiring a

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community-based provider or a subcontractor of a

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community-based provider to provide a minimum limit for

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nonowned automobile insurance coverage;

4/7/2008  2:39:00 PM     4-06809-08