1 | Representative Ambler offered the following: |
2 |
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3 | Amendment to Amendment (311091) (with title amendment) |
4 | Between lines 177 and 178, insert: |
5 | Section 4. Section 768.0985, Florida Statutes, is created |
6 | to read: |
7 | 768.0985 Limitation of liability for employers of persons |
8 | with disabilities.-- |
9 | (1) Subject to the provision of subsection (2), an |
10 | employer employing a person with a developmental disability as |
11 | defined in s. 393.063 shall not be liable to a third party for |
12 | the acts or omissions, negligent or intentional, of the |
13 | employee, if: |
14 | (a) The employee has received supported employment |
15 | services through a public or private not-for-profit provider; |
16 | and |
17 | (b) The employer does not have actual notice of actions of |
18 | the employee which create unsafe conditions in the workplace. |
19 | (2) An employer who is not otherwise liable under |
20 | subsection (1) shall indemnify, defend, and hold harmless any |
21 | employee who is liable for a negligent act or failure to act |
22 | within the course and scope of employment. |
23 | (3) A not-for-profit supported employment service provider |
24 | who has provided supported employment services to an individual |
25 | with a disability as defined in s. 393.063 shall not be liable |
26 | for the actions or conduct of the individual occurring within |
27 | the scope of such individual's employment. |
28 |
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30 | T I T L E A M E N D M E N T |
31 | Remove lines 186-199 and insert: |
32 | An act relating to persons with disabilities; amending s. |
33 | 393.23, F.S.; revising purposes of expenditures of moneys |
34 | deposited in the trust accounts of developmental disabilities |
35 | centers; amending s. 393.0661, F.S.; revising provisions |
36 | relating to services provided to certain clients with |
37 | developmental disabilities served under the four-tiered waiver |
38 | system; revising provisions relating to the calculation of |
39 | annualized expenditures; deleting future review and repeal of s. |
40 | 393.0661(6), F.S., relating to cost plans for individuals served |
41 | by the home and community-based services waiver or the family |
42 | and supported living waiver funded through the Agency for |
43 | Persons with Disabilities; creating s. 768.0985, F.S.; providing |
44 | an exemption from liability for certain employers of persons |
45 | with disabilities under certain circumstances; requiring |
46 | employer to indemnify, defend, and hold harmless certain |
47 | employees under certain circumstances; |