1 | Representative Zapata offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 190 and 191, 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) An employer employing a person with a developmental |
10 | disability as defined in s. 393.063 is not liable for the acts |
11 | or omissions, negligent or intentional, of the employee, if: |
12 | (a) The employee has received supported employment |
13 | services through a public or private not-for-profit provider; |
14 | and |
15 | (b) The employer does not have actual notice of actions of |
16 | the employee which create unsafe conditions in the workplace. |
17 | (2) A supported employment provider is not liable for the |
18 | acts or omissions, negligent or intentional, of a person with a |
19 | developmental disability as defined in s. 393.063 who receives |
20 | supported employment services from that provider, if: |
21 | (a) The supported employment provider has provided |
22 | training and supervision in a reasonable and prudent fashion; |
23 | and |
24 | (b) To the extent legally permissible, the supported |
25 | employment provider or its representative has provided |
26 | information which is relevant to the employment placement. |
27 |
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29 | T I T L E A M E N D M E N T |
30 | Remove lines 2-14 and insert: |
31 | An act relating to persons with disabilities; amending s. |
32 | 393.23, F.S.; revising purposes of expenditures of moneys |
33 | deposited in the trust accounts of developmental |
34 | disabilities centers; amending s. 393.0661, F.S.; revising |
35 | provisions relating to services provided to certain |
36 | clients with developmental disabilities served under the |
37 | four-tiered waiver system; revising provisions relating to |
38 | the calculation of annualized expenditures; deleting |
39 | future review and repeal of s. 393.0661(6), F.S., relating |
40 | to cost plans for individuals served by the home and |
41 | community-based services waiver or the family and |
42 | supported living waiver funded through the Agency for |
43 | Persons with Disabilities; creating s. 768.0985, F.S.; |
44 | providing an exemption from liability for certain |
45 | employers of persons with disabilities under certain |
46 | circumstances; |