Senate Bill sb0280
CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)           SB 280
    By Senator Fasano
    11-401-06
  1                      A bill to be entitled
  2         An act relating to community behavioral health
  3         agencies; creating s. 394.9085, F.S.; providing
  4         that certain facilities or programs defined in
  5         chs. 394 and 397, F.S., have liability limits
  6         in tort actions under certain circumstances;
  7         limiting net economic damages allowed per
  8         claim; requiring that damages be offset by
  9         collateral-source payment in accordance with s.
10         768.76, F.S.; providing for claims bills to be
11         filed with the Legislature; requiring that
12         costs to defend actions be assumed by the
13         provider or its insurer; specifying occasions
14         upon which immunities enjoyed by the provider
15         extend to the employee; requiring that
16         providers obtain and maintain specified
17         liability coverage; specifying that persons
18         providing contractual services to the state are
19         not considered agents or employees under ch.
20         440, F.S.; providing for an annual increase in
21         the conditional limitations on damages;
22         providing an effective date.
23  
24  Be It Enacted by the Legislature of the State of Florida:
25  
26         Section 1.  Section 394.9085, Florida Statutes, is
27  created to read:
28         394.9085  Behavioral provider liability.--
29         (1)  In any tort action based on services provided for
30  crisis stabilization brought against a detoxification program
31  as defined in s. 397.311(18)(b), an addictions receiving
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)           SB 280
    11-401-06
 1  facility as defined in s. 397.311(18)(a), or a designated
 2  public receiving facility as defined in s. 394.455(26), net
 3  economic damages shall be limited to $1 million per liability
 4  claim, including, but not limited to, past and future medical
 5  expenses, wage loss, and loss of earning capacity, offset by
 6  any collateral source payment paid in accordance with s.
 7  768.76. In any tort action based on services provided for
 8  crisis stabilization brought against any detoxification
 9  program as defined in s. 397.311(18)(b), an addictions
10  receiving facility as defined in s. 397.311(18)(a), or a
11  designated public receiving facility as defined in s.
12  394.455(26), noneconomic damages shall be limited to $200,000
13  per claim. Any claim may be settled up to policy limits
14  without further act of the Legislature. A claims bill may be
15  brought on behalf of a claimant pursuant to s. 768.28 for any
16  amount exceeding the limits specified in this subsection. Any
17  costs in defending actions brought under this section shall be
18  assumed by the provider or its insurer.
19         (2)  The liability of a detoxification program as
20  defined in s. 397.311(18)(b), an addictions receiving facility
21  as defined in s. 397.311(18)(a), or any designated public
22  receiving facility as defined in s. 394.455(26) shall be
23  exclusive and in place of all other liability of such
24  provider. The same immunities from liability enjoyed by such
25  providers extend as well to each employee of the provider when
26  the employee is acting in furtherance of the provider's
27  responsibilities under its contract with the department. Such
28  immunities do not apply to a provider or employee who acts in
29  a culpably negligent manner or with willful and wanton
30  disregard or unprovoked physical aggression if such acts
31  result in injury or death.
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006        (Corrected Copy)           SB 280
    11-401-06
 1         (3)  The eligible provider under this section must, as
 2  part of its contract, obtain and maintain a minimum of $1
 3  million per claim and $3 million per incident in general
 4  liability coverage.
 5         (4)  This section does not designate a person who
 6  provides contracted services to the Department of Children and
 7  Family Services as an employee or agent of the state for
 8  purposes of chapter 440.
 9         (5)  The Legislature is cognizant of the increasing
10  costs of goods and services each year and recognizes that
11  fixing a set amount of compensation actually has the effect of
12  a reduction in compensation each year. Accordingly, the
13  conditional limitations on damages in this section shall be
14  increased at the rate of 5 percent each year, prorated from
15  July 1, 2006, to the date at which damages subject to such
16  limitations are awarded by final judgment or settlement.
17         Section 2.  This act shall take effect July 1, 2006.
18  
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20                          SENATE SUMMARY
21    Limits the liability of a detoxification program, an
      addictions receiving facility, or a designated public
22    receiving facility to $1 million per claim. Requires that
      providers maintain a minimum amount of liability coverage
23    of $1 million per claim and $3 million per incident. (See
      bill for details.)
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