Amendment
Bill No. CS/SB 1660
Amendment No. 120347
CHAMBER ACTION
Senate House
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1Representative Ambler offered the following:
2
3     Amendment to Amendment (311091) (with title amendment)
4     Between lines 177 and 178, insert:
5     Section 4.  Section 768.0985, Florida Statutes, is created
6to read:
7     768.0985  Limitation of liability for employers of persons
8with disabilities.--
9     (1)  Subject to the provision of subsection (2), an
10employer employing a person with a developmental disability as
11defined in s. 393.063 shall not be liable to a third party for
12the acts or omissions, negligent or intentional, of the
13employee, if:
14     (a)  The employee has received supported employment
15services through a public or private not-for-profit provider;
16and
17     (b)  The employer does not have actual notice of actions of
18the employee which create unsafe conditions in the workplace.
19     (2)  An employer who is not otherwise liable under
20subsection (1) shall indemnify, defend, and hold harmless any
21employee who is liable for a negligent act or failure to act
22within the course and scope of employment.
23     (3)  A not-for-profit supported employment service provider
24who has provided supported employment services to an individual
25with a disability as defined in s. 393.063 shall not be liable
26for the actions or conduct of the individual occurring within
27the scope of such individual's employment.
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T I T L E  A M E N D M E N T
31     Remove lines 186-199 and insert:
32     An act relating to persons with disabilities; amending s.
33393.23, F.S.; revising purposes of expenditures of moneys
34deposited in the trust accounts of developmental disabilities
35centers; amending s. 393.0661, F.S.; revising provisions
36relating to services provided to certain clients with
37developmental disabilities served under the four-tiered waiver
38system; revising provisions relating to the calculation of
39annualized expenditures; deleting future review and repeal of s.
40393.0661(6), F.S., relating to cost plans for individuals served
41by the home and community-based services waiver or the family
42and supported living waiver funded through the Agency for
43Persons with Disabilities; creating s. 768.0985, F.S.; providing
44an exemption from liability for certain employers of persons
45with disabilities under certain circumstances; requiring
46employer to indemnify, defend, and hold harmless certain
47employees under certain circumstances;


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