| 1 | Representatives Ambler and Planas offered the following: |
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| 3 | Substitute Amendment for Amendment (618901) (with title |
| 4 | amendment) |
| 5 | Remove lines 190-191 and insert: |
| 6 | Section 4. Section 768.0985 Florida Statutes, is created to |
| 7 | read: |
| 8 | 768.0985 Limitation of liability for employers of persons |
| 9 | with disabilities.-- |
| 10 | (1) Subject to the provision of subsection (2), an |
| 11 | employer employing a person with a developmental disability as |
| 12 | defined in s. 393.063 shall not be liable to a third party for |
| 13 | the acts or omissions, negligent or intentional, of the |
| 14 | employee, if: |
| 15 | (a) The employee has received supported employment |
| 16 | services through a public or private not-for-profit provider; |
| 17 | and |
| 18 | (b) The employer does not have actual notice of actions of |
| 19 | the employee which create unsafe conditions in the workplace. |
| 20 | (2) An employer who is not otherwise liable under |
| 21 | subsection (1) shall indemnify, defend, and hold harmless any |
| 22 | employee who is liable for a negligent act or failure to act |
| 23 | within the course and scope of employment. |
| 24 | (3) A not-for-profit supported employment service provider |
| 25 | who has provided supported employment services to an individual |
| 26 | with a disability as defined in s. 393.063 shall not be liable |
| 27 | for the actions or conduct of the individual occurring within |
| 28 | the scope of such individual's employment. |
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| 32 | ----------------------------------------------------- |
| 33 | T I T L E A M E N D M E N T |
| 34 | Remove lines 2-14 and insert: |
| 35 | An act relating to persons with disabilities; amending s. |
| 36 | 393.23, F.S.; revising purposes of expenditures of moneys |
| 37 | deposited in the trust accounts of developmental disabilities |
| 38 | centers; amending s. 393.0661, F.S.; revising provisions |
| 39 | relating to services provided to certain clients with |
| 40 | developmental disabilities served under the four-tiered waiver |
| 41 | system; revising provisions relating to the calculation of |
| 42 | annualized expenditures; deleting future review and repeal of s. |
| 43 | 393.0661(6), F.S., relating to cost plans for individuals served |
| 44 | by the home and community-based services waiver or the family |
| 45 | and supported living waiver funded through the Agency for |
| 46 | Persons with Disabilities; creating s. 768.0985, F.S.; providing |
| 47 | an exemption from liability for certain employers of persons |
| 48 | with disabilities under certain circumstances; requiring |
| 49 | employer to indemnify, defend, and hold harmless certain |
| 50 | employees under certain circumstances; |
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