HB 615

1	A bill to be entitled
2	An act relating to sovereign immunity; amending s. 768.28,
3	F.S.; providing that certain health care providers and
4	vendors, and their agents and employees, who primarily
5	serve clients with specified conditions may be considered
6	agents and employees of the state or its subdivisions with
7	respect to such services while acting within the scope of
8	and pursuant to guidelines established in a contractual
9	agreement or Medicaid provider agreement; requiring
10	indemnification; providing construction of provisions;
11	amending ss. 29.0081, 163.01, 324.022, 456.048, 458.320,
12	459.0085, 616.242, 624.461, 624.462, and 627.733, F.S.;
13	conforming cross-references to changes made by the act;
14	providing an effective date.
15
16	WHEREAS, providers under state contracts to serve
17	individuals with disabilities are serving an important state
18	purpose, and
19	WHEREAS, these private service providers provide an
20	identical purpose to state providers for individuals with
21	disabilities, and
22	WHEREAS, these providers are wasting precious resources on
23	the cost of high insurance premiums, litigation, and attorney's
24	fees when they should be following the same limits as the state
25	programs serving the same population, NOW, THEREFORE,
26
27	Be It Enacted by the Legislature of the State of Florida:
28
29	Section 1.  Subsections (12) through (20) of section
30	768.28, Florida Statutes, are renumbered as subsections (13)
31	through (21), respectively, and a new subsection (12) is added
32	to that section to read:
33	768.28  Waiver of sovereign immunity in tort actions;
34	recovery limits; limitation on attorney fees; statute of
35	limitations; exclusions; indemnification; risk management
36	programs.-
37	(12)(a)  Notwithstanding any other law, a health care
38	provider or vendor, or any of its employees or agents, at least
39	75 percent of whose client population consists of individuals
40	with:
41	1.  Developmental disabilities as defined in s. 393.063,
42	including individuals served under part VIII of chapter 400;
43	2.  Disabilities as defined in ss. 413.20 and 413.033(1)
44	and (2);
45	3.  Mental illness as defined in s. 394.455; or
46	4.  A combination of conditions listed in subparagraphs 1.
47	through 3.,
48
49	and who has contractually agreed to act on behalf of the state
50	or any of its agencies or subdivisions to provide services to
51	individuals with developmental disabilities, shall be considered
52	an agent of the state or of that agency or subdivision for the
53	purposes of this section solely with respect to such services
54	while acting within the scope of and pursuant to guidelines
55	established in a contractual agreement or Medicaid provider
56	agreement. The contract or agreement must provide for the
57	indemnification of the state or that agency or subdivision by
58	the agent for any liabilities incurred up to the limits set out
59	in this chapter and in accordance with subsection (5).
60	(b)  This subsection does not make a person considered an
61	agent of the state or its agencies and subdivisions under
62	paragraph (a) an employee or agent of the state for purposes of
63	chapter 440.
64	Section 2.  Paragraph (b) of subsection (2) of section
65	29.0081, Florida Statutes, is amended to read:
66	29.0081  County funding of additional court personnel.-
67	(2)  The agreement shall, at a minimum, provide that:
68	(b)  The personnel whose employment is funded under the
69	agreement are hired, supervised, managed, and fired by personnel
70	of the judicial circuit. The county shall be considered the
71	employer for purposes of s. 440.10 and chapter 443. Employees
72	funded by the county under this section and other county
73	employees may be aggregated for purposes of a flexible benefits
74	plan pursuant to s. 125 of the Internal Revenue Code of 1986.
75	The judicial circuit shall supervise the personnel whose
76	employment is funded under the agreement; be responsible for
77	compliance with all requirements of federal and state employment
78	laws, including, but not limited to, Title VII of the Civil
79	Rights Act of 1964, Title I of the Americans with Disabilities
80	Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
81	Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
82	440.105, and 440.205; and fully indemnify the county from any
83	liability under such laws, as authorized by s. 768.28(20)(19),
84	to the extent such liability is the result of the acts or
85	omissions of the judicial circuit or its agents or employees.
86	Section 3.  Paragraph (h) of subsection (3) of section
87	163.01, Florida Statutes, is amended to read:
88	163.01  Florida Interlocal Cooperation Act of 1969.-
89	(3)  As used in this section:
90	(h)  "Local government liability pool" means a reciprocal
91	insurer as defined in s. 629.021 or any self-insurance program
92	created pursuant to s. 768.28(17)(16), formed and controlled by
93	counties or municipalities of this state to provide liability
94	insurance coverage for counties, municipalities, or other public
95	agencies of this state, which pool may contract with other
96	parties for the purpose of providing claims administration,
97	processing, accounting, and other administrative facilities.
98	Section 4.  Subsection (1) of section 324.022, Florida
99	Statutes, is amended to read:
100	324.022  Financial responsibility for property damage.-
101	(1)  Every owner or operator of a motor vehicle required to
102	be registered in this state shall establish and maintain the
103	ability to respond in damages for liability on account of
104	accidents arising out of the use of the motor vehicle in the
105	amount of $10,000 because of damage to, or destruction of,
106	property of others in any one crash. The requirements of this
107	section may be met by one of the methods established in s.
108	324.031; by self-insuring as authorized by s. 768.28(17)(16); or
109	by maintaining an insurance policy providing coverage for
110	property damage liability in the amount of at least $10,000
111	because of damage to, or destruction of, property of others in
112	any one accident arising out of the use of the motor vehicle.
113	The requirements of this section may also be met by having a
114	policy which provides coverage in the amount of at least $30,000
115	for combined property damage liability and bodily injury
116	liability for any one crash arising out of the use of the motor
117	vehicle. The policy, with respect to coverage for property
118	damage liability, must meet the applicable requirements of s.
119	324.151, subject to the usual policy exclusions that have been
120	approved in policy forms by the Office of Insurance Regulation.
121	No insurer shall have any duty to defend uncovered claims
122	irrespective of their joinder with covered claims.
123	Section 5.  Paragraph (a) of subsection (2) of section
124	456.048, Florida Statutes, is amended to read:
125	456.048  Financial responsibility requirements for certain
126	health care practitioners.-
127	(2)  The board or department may grant exemptions upon
128	application by practitioners meeting any of the following
129	criteria:
130	(a)  Any person licensed under chapter 457, s. 458.3475, s.
131	459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
132	chapter 467 who practices exclusively as an officer, employee,
133	or agent of the Federal Government or of the state or its
134	agencies or its subdivisions. For the purposes of this
135	subsection, an agent of the state, its agencies, or its
136	subdivisions is a person who is eligible for coverage under any
137	self-insurance or insurance program authorized by the provisions
138	of s. 768.28(17)(16) or who is a volunteer under s. 110.501(1).
139	Section 6.  Paragraph (a) of subsection (5) of section
140	458.320, Florida Statutes, is amended to read:
141	458.320  Financial responsibility.-
142	(5)  The requirements of subsections (1), (2), and (3) do
143	not apply to:
144	(a)  Any person licensed under this chapter who practices
145	medicine exclusively as an officer, employee, or agent of the
146	Federal Government or of the state or its agencies or its
147	subdivisions. For the purposes of this subsection, an agent of
148	the state, its agencies, or its subdivisions is a person who is
149	eligible for coverage under any self-insurance or insurance
150	program authorized by the provisions of s. 768.28(17)(16).
151	Section 7.  Paragraph (a) of subsection (5) of section
152	459.0085, Florida Statutes, is amended to read:
153	459.0085  Financial responsibility.-
154	(5)  The requirements of subsections (1), (2), and (3) do
155	not apply to:
156	(a)  Any person licensed under this chapter who practices
157	medicine exclusively as an officer, employee, or agent of the
158	Federal Government or of the state or its agencies or its
159	subdivisions. For the purposes of this subsection, an agent of
160	the state, its agencies, or its subdivisions is a person who is
161	eligible for coverage under any self-insurance or insurance
162	program authorized by the provisions of s. 768.28(17)(16).
163	Section 8.  Paragraph (c) of subsection (9) of section
164	616.242, Florida Statutes, is amended to read:
165	616.242  Safety standards for amusement rides.-
166	(9)  INSURANCE REQUIREMENTS.-
167	(c)  The insurance requirements imposed under this
168	subsection do not apply to a governmental entity that is covered
169	by the provisions of s. 768.28(17)(16).
170	Section 9.  Section 624.461, Florida Statutes, is amended
171	to read:
172	624.461  Definition.-For the purposes of the Florida
173	Insurance Code, "self-insurance fund" means both commercial
174	self-insurance funds organized under s. 624.462 and group self-
175	insurance funds organized under s. 624.4621. The term "self-
176	insurance fund" does not include a governmental self-insurance
177	pool created under s. 768.28(17)(16).
178	Section 10.  Subsection (6) of section 624.462, Florida
179	Statutes, is amended to read:
180	624.462  Commercial self-insurance funds.-
181	(6)  A governmental self-insurance pool created pursuant to
182	s. 768.28(17)(16) shall not be considered a commercial self-
183	insurance fund.
184	Section 11.  Paragraph (b) of subsection (3) of section
185	627.733, Florida Statutes, is amended to read:
186	627.733  Required security.-
187	(3)  Such security shall be provided:
188	(b)  By any other method authorized by s. 324.031(2), (3),
189	or (4) and approved by the Department of Highway Safety and
190	Motor Vehicles as affording security equivalent to that afforded
191	by a policy of insurance or by self-insuring as authorized by s.
192	768.28(17)(16). The person filing such security shall have all
193	of the obligations and rights of an insurer under ss. 627.730-
194	627.7405.
195	Section 12.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.