| 1 | Representative Zapata offered the following: |
| 2 |
|
| 3 | Amendment (with title amendment) |
| 4 | Between lines 190 and 191, insert: |
| 5 | Section 4. Section 768.0985, Florida Statutes, is created |
| 6 | to read: |
| 7 | 768.0985 Limitation of liability for employers of persons |
| 8 | with disabilities.-- |
| 9 | (1) An employer employing a person with a developmental |
| 10 | disability as defined in s. 393.063 is not liable for the acts |
| 11 | or omissions, negligent or intentional, of the employee, if: |
| 12 | (a) The employee has received supported employment |
| 13 | services through a public or private not-for-profit provider; |
| 14 | and |
| 15 | (b) The employer does not have actual notice of actions of |
| 16 | the employee which create unsafe conditions in the workplace. |
| 17 | (2) A supported employment provider is not liable for the |
| 18 | acts or omissions, negligent or intentional, of a person with a |
| 19 | developmental disability as defined in s. 393.063 who receives |
| 20 | supported employment services from that provider, if: |
| 21 | (a) The supported employment provider has provided |
| 22 | training and supervision in a reasonable and prudent fashion; |
| 23 | and |
| 24 | (b) To the extent legally permissible, the supported |
| 25 | employment provider or its representative has provided |
| 26 | information which is relevant to the employment placement. |
| 27 |
|
| 28 | ----------------------------------------------------- |
| 29 | T I T L E A M E N D M E N T |
| 30 | Remove lines 2-14 and insert: |
| 31 | An act relating to persons with disabilities; amending s. |
| 32 | 393.23, F.S.; revising purposes of expenditures of moneys |
| 33 | deposited in the trust accounts of developmental |
| 34 | disabilities centers; amending s. 393.0661, F.S.; revising |
| 35 | provisions relating to services provided to certain |
| 36 | clients with developmental disabilities served under the |
| 37 | four-tiered waiver system; revising provisions relating to |
| 38 | the calculation of annualized expenditures; deleting |
| 39 | future review and repeal of s. 393.0661(6), F.S., relating |
| 40 | to cost plans for individuals served by the home and |
| 41 | community-based services waiver or the family and |
| 42 | supported living waiver funded through the Agency for |
| 43 | Persons with Disabilities; creating s. 768.0985, F.S.; |
| 44 | providing an exemption from liability for certain |
| 45 | employers of persons with disabilities under certain |
| 46 | circumstances; |