1 | Representatives Ambler and Planas offered the following: |
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3 | Substitute Amendment for Amendment (618901) (with title |
4 | amendment) |
5 | Remove lines 190-191 and insert: |
6 | Section 4. Section 768.0985 Florida Statutes, is created to |
7 | read: |
8 | 768.0985 Limitation of liability for employers of persons |
9 | with disabilities.-- |
10 | (1) Subject to the provision of subsection (2), an |
11 | employer employing a person with a developmental disability as |
12 | defined in s. 393.063 shall not be liable to a third party for |
13 | the acts or omissions, negligent or intentional, of the |
14 | employee, if: |
15 | (a) The employee has received supported employment |
16 | services through a public or private not-for-profit provider; |
17 | and |
18 | (b) The employer does not have actual notice of actions of |
19 | the employee which create unsafe conditions in the workplace. |
20 | (2) An employer who is not otherwise liable under |
21 | subsection (1) shall indemnify, defend, and hold harmless any |
22 | employee who is liable for a negligent act or failure to act |
23 | within the course and scope of employment. |
24 | (3) A not-for-profit supported employment service provider |
25 | who has provided supported employment services to an individual |
26 | with a disability as defined in s. 393.063 shall not be liable |
27 | for the actions or conduct of the individual occurring within |
28 | the scope of such individual's employment. |
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33 | T I T L E A M E N D M E N T |
34 | Remove lines 2-14 and insert: |
35 | An act relating to persons with disabilities; amending s. |
36 | 393.23, F.S.; revising purposes of expenditures of moneys |
37 | deposited in the trust accounts of developmental disabilities |
38 | centers; amending s. 393.0661, F.S.; revising provisions |
39 | relating to services provided to certain clients with |
40 | developmental disabilities served under the four-tiered waiver |
41 | system; revising provisions relating to the calculation of |
42 | annualized expenditures; deleting future review and repeal of s. |
43 | 393.0661(6), F.S., relating to cost plans for individuals served |
44 | by the home and community-based services waiver or the family |
45 | and supported living waiver funded through the Agency for |
46 | Persons with Disabilities; creating s. 768.0985, F.S.; providing |
47 | an exemption from liability for certain employers of persons |
48 | with disabilities under certain circumstances; requiring |
49 | employer to indemnify, defend, and hold harmless certain |
50 | employees under certain circumstances; |
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