Florida Senate - 2021                                    SB 1832
       
       
        
       By Senator Bean
       
       
       
       
       
       4-01132A-21                                           20211832__
    1                        A bill to be entitled                      
    2         An act relating to civil damages for care in community
    3         residential group home facilities; creating s.
    4         419.003, F.S.; providing that certain licensed
    5         community residential group homes and certain licensed
    6         persons and providers who provide services to
    7         medically dependent or technologically dependent
    8         children may not be held liable for civil damages for
    9         medical care or treatment under certain circumstances;
   10         providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 419.003, Florida Statutes, is created to
   15  read:
   16         419.003 Civil damages.—A community residential group home
   17  facility licensed under chapter 393 which provides services to a
   18  medically dependent or technologically dependent child as
   19  defined in s. 400.902(6), or any person or provider licensed
   20  under chapter 400 who provides services to a medically dependent
   21  or technologically dependent child as defined in s. 400.902(6)
   22  in facilities licensed under chapter 393, may not be held liable
   23  for any civil damages as a result of providing or failing to
   24  provide medical care or treatment unless such damages result
   25  from providing or failing to provide medical care or treatment
   26  under circumstances demonstrating clear and convincing evidence
   27  of intentional misconduct or gross negligence, the consequences
   28  of which affect the life or health of another.
   29         Section 2. This act shall take effect July 1, 2021.