CS/HB 405

1	A bill to be entitled
2	An act relating to employment liability for persons with
3	disabilities; providing a short title; creating s.
4	768.0965, F.S.; limiting the liability of employers of
5	persons with developmental disabilities for acts or
6	omissions of such employees in certain circumstances;
7	providing that a not-for-profit supported employment
8	service provider who has provided supported employment
9	services to an individual with a developmental disability
10	is not liable for the actions or conduct of that
11	individual occurring within the scope of his or her
12	employment; providing applicability; providing an
13	effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  This act may be cited as the "Employees with
18	Disabilities Opportunity Act."
19	Section 2.  Section 768.0965, Florida Statutes, is created
20	to read:
21	768.0965  Limitation of employment liability for persons
22	with disabilities.-
23	(1)  An employer employing a person with a developmental
24	disability as defined in s. 393.063 is not liable for the acts
25	or omissions, negligent or intentional, of the employee, if:
26	(a)  The employee has received supported employment
27	services through a public or private not-for-profit provider;
28	and
29	(b)  The employer does not have actual notice of actions or
30	omissions of the employee which create unsafe conditions in the
31	workplace.
32	(2)  A not-for-profit supported employment service provider
33	who has provided supported employment services to an individual
34	with a developmental disability as defined in s. 393.063 is not
35	liable for the actions or conduct of the individual occurring
36	within the scope of such individual's employment.
37	Section 3.  This act shall take effect July 1, 2011, and
38	shall apply to causes of action occurring on or after that date.

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