Florida Senate - 2011                                     SB 926
       
       
       
       By Senator Storms
       
       
       
       
       10-00606-11                                            2011926__
    1                        A bill to be entitled                      
    2         An act relating to the limitation of liability for
    3         employers who employ persons with a developmental
    4         disability; creating s. 768.0985, F.S.; providing that
    5         an employer, under certain circumstances, is not
    6         liable for the acts or omissions of an employee who is
    7         a person with a developmental disability; providing
    8         that a not-for-profit supported employment service
    9         provider that provides or has provided supported
   10         employment services to an employee with a
   11         developmental disability is not liable for the actions
   12         or conduct of the employee occurring within the scope
   13         of the employee’s employment; defining the term
   14         “person with a developmental disability”; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 768.0895, Florida Statutes, is created
   20  to read:
   21         768.0895 Limitation of liability for employers of persons
   22  with disabilities.—
   23         (1) An employer who employs a person with a developmental
   24  disability is not liable for the acts or omissions, negligent or
   25  intentional, of the employee if:
   26         (a) The employee receives or has received supported
   27  employment services through a public or private not-for-profit
   28  service provider; and
   29         (b) The employer does not have actual notice of the actions
   30  of the employee which created unsafe conditions in the
   31  workplace.
   32         (2) A not-for-profit supported employment service provider
   33  that provides or has provided supported employment services to
   34  an employee with a developmental disability is not liable for
   35  the actions or conduct of the employee which occur within the
   36  scope of the employee’s employment.
   37         (3) As used in this section, the term “person with a
   38  developmental disability” has the same meaning as provided in s.
   39  393.063.
   40         Section 2. This act shall take effect July 1, 2011.