Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 1272
       
       
       
       
       
       
                                Barcode 394638                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2009           .                                
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       The Committee on Children, Families, and Elder Affairs (Storms)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Liability for supported employment employees.—
    6         (1) An employer employing an individual who has a
    7  disability, as defined by the ADA Amendments Act of 2008, 42
    8  U.S.C. s. 12102(2), is not liable for the acts or omissions,
    9  negligent or intentional, of the employee if:
   10         (a) The employee has received supported employment services
   11  through a public or private not-for-profit provider;
   12         (b) The employer has relied in good faith on the
   13  information provided by the supported employment service
   14  provider regarding the supported employee; and
   15         (c) The employer does not have prior actual notice of the
   16  employee’s propensity for the actions at issue.
   17         (2) A supported employment service provider that provides
   18  supported employment services to an individual who has a
   19  disability as defined in subsection (1), is not liable for the
   20  acts or omissions, negligent or intentional, of the employee if:
   21         (a) The provider has provided training and supervision to
   22  the individual in a reasonable and prudent fashion; and
   23         (b) If legally permissible, the provider or its
   24  representative has provided information to the individual’s
   25  employer regarding the supported employee.
   26         Section 2. This act shall take effect July 1, 2009.
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29         And the title is amended as follows:
   30         Delete everything before the enacting clause
   31  and insert:
   32                        A bill to be entitled                      
   33         An act relating to persons with disabilities;
   34         providing that an employer of certain individuals who
   35         have a disability is not liable for their acts or
   36         omissions; providing that a supported employment
   37         provider providing services to an individual with
   38         disabilities is not liable for the employees’ acts or
   39         omissions under certain circumstances; providing an
   40         effective date.