HOUSE AMENDMENT Bill No. HB 1713
1	CHAMBER ACTION
2	Senate House
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12	Representatives Harrell and Green offered the following:
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14	Amendment (with title amendment)
15	Between line(s) 1380 and 1381, insert:
16	Section 42. Paragraph (b) of subsection (9) of section
17	768.28, Florida Statutes, is amended to read:
18	768.28 Waiver of sovereign immunity in tort actions;
19	recovery limits; limitation on attorney fees; statute of
20	limitations; exclusions; indemnification; risk management
21	programs.--
22	(9)
23	(b) As used in this subsection, the term:
24	1. "Employee" includes any volunteer firefighter.
25	2. "Officer, employee, or agent" includes, but is not
26	limited to:,
27	a.Any health care provider when providing services
28	pursuant to s. 766.1115, any member of the Florida Health
29	Services Corps, as defined in s. 381.0302, who provides
30	uncompensated care to medically indigent persons referred by the
31	Department of Health, and any public defender or her or his
32	employee or agent, including, among others, an assistant public
33	defender and an investigator.
34	b. Any emergency health care provider acting pursuant to
35	obligations imposed by ss. 395.1041, 395.401, and 401.45. Except
36	for persons or entities that are otherwise covered under this
37	section, emergency health care providers shall be considered
38	agents of the Department of Health and shall indemnify the
39	department for the reasonable costs of defense and indemnity
40	payments, if any, up to the liability limits set forth in this
41	chapter. For purposes of this sub-subparagraph:
42	(I) "Emergency health care providers" includes all persons
43	and entities covered under or providing services pursuant to
44	obligations imposed by s. 395.1041, s. 395.401, or s. 401.45.
45	(II) "Emergency medical services" means ambulance
46	assessment, treatment, or transport services provided pursuant
47	to obligations imposed by s. 401.45 or s. 395.1041; and all
48	screening, examination, and evaluation by a physician, hospital,
49	or other person or entity acting pursuant to obligations imposed
50	by s. 395.1041 or s. 395.401, as well as the care, treatment,
51	surgery, or other medical services provided to relieve or
52	eliminate the emergency medical condition for a period not to
53	exceed 72 hours after admission, or prior to the patient's
54	discharge from the hospital, whichever is sooner.
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56	================= T I T L E A M E N D M E N T =================
57	Remove line 103, and insert:
58	400.4295, F.S.; correcting cross references; amending s.
59	768.28, F.S.; providing that certain health care employees
60	performing certain obligations are considered agents of
61	the Department of Health for the purpose of the
62	application of the doctrine of sovereign immunity;
63	providing definitions; providing