Florida Senate - 2016                                    SB 1536
       By Senator Richter
       23-01231A-16                                          20161536__
    1                        A bill to be entitled                      
    2         An act relating to vulnerable adults; amending s.
    3         415.1111, F.S.; providing for a cause of action
    4         against the exploitation of vulnerable adults by a
    5         facility providing goods and services to such
    6         vulnerable adults under certain circumstances;
    7         providing an effective date.
    9  Be It Enacted by the Legislature of the State of Florida:
   11         Section 1. Section 415.1111, Florida Statutes, is amended
   12  to read:
   13         415.1111 Civil actions.—
   14         (1) A vulnerable adult who has been abused, neglected, or
   15  exploited as specified in this chapter has a cause of action
   16  against any perpetrator and may recover actual and punitive
   17  damages for such abuse, neglect, or exploitation.
   18         (2) The action may be brought by:
   19         (a) The vulnerable adult, or that person’s guardian;, by
   20         (b) A person or organization acting on behalf of the
   21  vulnerable adult with the consent of that person or that
   22  person’s guardian;,
   23         (c) A facility which has an obligation to provide for the
   24  health, safety, and welfare of the vulnerable adult acting on
   25  behalf of the vulnerable adult and with the consent of the
   26  vulnerable adult, or if such consent cannot be given, if
   27  necessary for the immediate health, safety, or welfare of the
   28  vulnerable adult, provided that no punitive damages are
   29  awardable under this paragraph; or by
   30         (d) The personal representative of the estate of a deceased
   31  victim without regard to whether the cause of death resulted
   32  from the abuse, neglect, or exploitation.
   33         (3) The action may be brought in any court of competent
   34  jurisdiction to enforce such action and to recover actual and
   35  punitive damages for any deprivation of or infringement on the
   36  rights of a vulnerable adult. A party who prevails in any such
   37  action may be entitled to recover reasonable attorney’s fees,
   38  costs of the action, and damages.
   39         (4) The remedies provided in this section are in addition
   40  to and cumulative with other legal and administrative remedies
   41  available to a vulnerable adult.
   42         (5) Notwithstanding the foregoing, any civil action for
   43  damages against any licensee or entity who establishes,
   44  controls, conducts, manages, or operates a facility licensed
   45  under part II of chapter 400 relating to its operation of the
   46  licensed facility shall be brought pursuant to s. 400.023, or
   47  against any licensee or entity who establishes, controls,
   48  conducts, manages, or operates a facility licensed under part I
   49  of chapter 429 relating to its operation of the licensed
   50  facility shall be brought pursuant to s. 429.29. Such licensee
   51  or entity shall not be vicariously liable for the acts or
   52  omissions of its employees or agents or any other third party in
   53  an action brought under this section.
   54         Section 2. This act shall take effect July 1, 2016.