Florida Senate - 2009                             CS for SB 1272
       
       
       
       By the Committee on Children, Families, and Elder Affairs; and
       Senator Storms
       
       
       
       586-03456-09                                          20091272c1
    1                        A bill to be entitled                      
    2         An act relating to persons with disabilities;
    3         providing that an employer of certain individuals who
    4         have a disability is not liable for their acts or
    5         omissions; providing that a supported employment
    6         provider providing services to an individual with
    7         disabilities is not liable for the employees’ acts or
    8         omissions under certain circumstances; providing an
    9         effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Liability for supported employment employees.—
   14         (1) An employer employing an individual who has a
   15  disability, as defined by the ADA Amendments Act of 2008, 42
   16  U.S.C. s. 12102(2), is not liable for the acts or omissions,
   17  negligent or intentional, of the employee if:
   18         (a) The employee has received supported employment services
   19  through a public or private not-for-profit provider;
   20         (b) The employer has relied in good faith on the
   21  information provided by the supported employment service
   22  provider regarding the supported employee; and
   23         (c) The employer does not have prior actual notice of the
   24  employee’s propensity for the actions at issue.
   25         (2) A supported employment service provider that provides
   26  supported employment services to an individual who has a
   27  disability as defined in subsection (1), is not liable for the
   28  acts or omissions, negligent or intentional, of the employee if:
   29         (a) The provider has provided training and supervision to
   30  the individual in a reasonable and prudent fashion; and
   31         (b) If legally permissible, the provider or its
   32  representative has provided information to the individual’s
   33  employer regarding the supported employee.
   34         Section 2. This act shall take effect July 1, 2009.