| 1 | A bill to be entitled |
| 2 | An act relating to disabled employees; creating s. |
| 3 | 768.097, F.S.; providing that an employer may not be held |
| 4 | liable for the acts or omissions of a disabled employee in |
| 5 | certain circumstances; providing an effective date. |
| 6 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 9 | Section 1. Section 768.097, Florida Statutes, is created |
| 10 | to read: |
| 11 | 768.097 Employer liability; disabled employees.--An |
| 12 | employer employing a person with a disability or disabilities, |
| 13 | as defined in 42 U.S.C. s. 12102, as amended by the ADA |
| 14 | Amendments Act of 2008, Pub. L. No. 110-325, may not be held |
| 15 | liable for the acts or omissions, negligent or intentional, of |
| 16 | the employee when: |
| 17 | (1) The employee has received supported employment |
| 18 | services through a public or private not-for-profit provider; |
| 19 | (2) The employer has relied in good faith on the |
| 20 | information provided by the supported employment service |
| 21 | provider regarding the supported employee; and |
| 22 | (3) The employer does not have prior actual notice of the |
| 23 | employee's propensity for the actions at issue. |
| 24 | Section 2. This act shall take effect upon becoming a law. |