Bill Text: FL H0615 | 2011 | Regular Session | Introduced

Bill Title: Sovereign Immunity

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0615 Detail]

Download: Florida-2011-H0615-Introduced.html
HB 615

A bill to be entitled
2An act relating to sovereign immunity; amending s. 768.28,
3F.S.; providing that certain health care providers and
4vendors, and their agents and employees, who primarily
5serve clients with specified conditions may be considered
6agents and employees of the state or its subdivisions with
7respect to such services while acting within the scope of
8and pursuant to guidelines established in a contractual
9agreement or Medicaid provider agreement; requiring
10indemnification; providing construction of provisions;
11amending ss. 29.0081, 163.01, 324.022, 456.048, 458.320,
12459.0085, 616.242, 624.461, 624.462, and 627.733, F.S.;
13conforming cross-references to changes made by the act;
14providing an effective date.
16     WHEREAS, providers under state contracts to serve
17individuals with disabilities are serving an important state
18purpose, and
19     WHEREAS, these private service providers provide an
20identical purpose to state providers for individuals with
21disabilities, and
22     WHEREAS, these providers are wasting precious resources on
23the cost of high insurance premiums, litigation, and attorney's
24fees when they should be following the same limits as the state
25programs serving the same population, NOW, THEREFORE,
27Be It Enacted by the Legislature of the State of Florida:
29     Section 1.  Subsections (12) through (20) of section
30768.28, Florida Statutes, are renumbered as subsections (13)
31through (21), respectively, and a new subsection (12) is added
32to that section to read:
33     768.28  Waiver of sovereign immunity in tort actions;
34recovery limits; limitation on attorney fees; statute of
35limitations; exclusions; indemnification; risk management
37     (12)(a)  Notwithstanding any other law, a health care
38provider or vendor, or any of its employees or agents, at least
3975 percent of whose client population consists of individuals
41     1.  Developmental disabilities as defined in s. 393.063,
42including individuals served under part VIII of chapter 400;
43     2.  Disabilities as defined in ss. 413.20 and 413.033(1)
44and (2);
45     3.  Mental illness as defined in s. 394.455; or
46     4.  A combination of conditions listed in subparagraphs 1.
47through 3.,
49and who has contractually agreed to act on behalf of the state
50or any of its agencies or subdivisions to provide services to
51individuals with developmental disabilities, shall be considered
52an agent of the state or of that agency or subdivision for the
53purposes of this section solely with respect to such services
54while acting within the scope of and pursuant to guidelines
55established in a contractual agreement or Medicaid provider
56agreement. The contract or agreement must provide for the
57indemnification of the state or that agency or subdivision by
58the agent for any liabilities incurred up to the limits set out
59in this chapter and in accordance with subsection (5).
60     (b)  This subsection does not make a person considered an
61agent of the state or its agencies and subdivisions under
62paragraph (a) an employee or agent of the state for purposes of
63chapter 440.
64     Section 2.  Paragraph (b) of subsection (2) of section
6529.0081, Florida Statutes, is amended to read:
66     29.0081  County funding of additional court personnel.-
67     (2)  The agreement shall, at a minimum, provide that:
68     (b)  The personnel whose employment is funded under the
69agreement are hired, supervised, managed, and fired by personnel
70of the judicial circuit. The county shall be considered the
71employer for purposes of s. 440.10 and chapter 443. Employees
72funded by the county under this section and other county
73employees may be aggregated for purposes of a flexible benefits
74plan pursuant to s. 125 of the Internal Revenue Code of 1986.
75The judicial circuit shall supervise the personnel whose
76employment is funded under the agreement; be responsible for
77compliance with all requirements of federal and state employment
78laws, including, but not limited to, Title VII of the Civil
79Rights Act of 1964, Title I of the Americans with Disabilities
80Act, 42 U.S.C. s. 1983, the Family Medical Leave Act, the Fair
81Labor Standards Act, chapters 447 and 760, and ss. 112.3187,
82440.105, and 440.205; and fully indemnify the county from any
83liability under such laws, as authorized by s. 768.28(20)(19),
84to the extent such liability is the result of the acts or
85omissions of the judicial circuit or its agents or employees.
86     Section 3.  Paragraph (h) of subsection (3) of section
87163.01, Florida Statutes, is amended to read:
88     163.01  Florida Interlocal Cooperation Act of 1969.-
89     (3)  As used in this section:
90     (h)  "Local government liability pool" means a reciprocal
91insurer as defined in s. 629.021 or any self-insurance program
92created pursuant to s. 768.28(17)(16), formed and controlled by
93counties or municipalities of this state to provide liability
94insurance coverage for counties, municipalities, or other public
95agencies of this state, which pool may contract with other
96parties for the purpose of providing claims administration,
97processing, accounting, and other administrative facilities.
98     Section 4.  Subsection (1) of section 324.022, Florida
99Statutes, is amended to read:
100     324.022  Financial responsibility for property damage.-
101     (1)  Every owner or operator of a motor vehicle required to
102be registered in this state shall establish and maintain the
103ability to respond in damages for liability on account of
104accidents arising out of the use of the motor vehicle in the
105amount of $10,000 because of damage to, or destruction of,
106property of others in any one crash. The requirements of this
107section may be met by one of the methods established in s.
108324.031; by self-insuring as authorized by s. 768.28(17)(16); or
109by maintaining an insurance policy providing coverage for
110property damage liability in the amount of at least $10,000
111because of damage to, or destruction of, property of others in
112any one accident arising out of the use of the motor vehicle.
113The requirements of this section may also be met by having a
114policy which provides coverage in the amount of at least $30,000
115for combined property damage liability and bodily injury
116liability for any one crash arising out of the use of the motor
117vehicle. The policy, with respect to coverage for property
118damage liability, must meet the applicable requirements of s.
119324.151, subject to the usual policy exclusions that have been
120approved in policy forms by the Office of Insurance Regulation.
121No insurer shall have any duty to defend uncovered claims
122irrespective of their joinder with covered claims.
123     Section 5.  Paragraph (a) of subsection (2) of section
124456.048, Florida Statutes, is amended to read:
125     456.048  Financial responsibility requirements for certain
126health care practitioners.-
127     (2)  The board or department may grant exemptions upon
128application by practitioners meeting any of the following
130     (a)  Any person licensed under chapter 457, s. 458.3475, s.
131459.023, chapter 460, chapter 461, s. 464.012, chapter 466, or
132chapter 467 who practices exclusively as an officer, employee,
133or agent of the Federal Government or of the state or its
134agencies or its subdivisions. For the purposes of this
135subsection, an agent of the state, its agencies, or its
136subdivisions is a person who is eligible for coverage under any
137self-insurance or insurance program authorized by the provisions
138of s. 768.28(17)(16) or who is a volunteer under s. 110.501(1).
139     Section 6.  Paragraph (a) of subsection (5) of section
140458.320, Florida Statutes, is amended to read:
141     458.320  Financial responsibility.-
142     (5)  The requirements of subsections (1), (2), and (3) do
143not apply to:
144     (a)  Any person licensed under this chapter who practices
145medicine exclusively as an officer, employee, or agent of the
146Federal Government or of the state or its agencies or its
147subdivisions. For the purposes of this subsection, an agent of
148the state, its agencies, or its subdivisions is a person who is
149eligible for coverage under any self-insurance or insurance
150program authorized by the provisions of s. 768.28(17)(16).
151     Section 7.  Paragraph (a) of subsection (5) of section
152459.0085, Florida Statutes, is amended to read:
153     459.0085  Financial responsibility.-
154     (5)  The requirements of subsections (1), (2), and (3) do
155not apply to:
156     (a)  Any person licensed under this chapter who practices
157medicine exclusively as an officer, employee, or agent of the
158Federal Government or of the state or its agencies or its
159subdivisions. For the purposes of this subsection, an agent of
160the state, its agencies, or its subdivisions is a person who is
161eligible for coverage under any self-insurance or insurance
162program authorized by the provisions of s. 768.28(17)(16).
163     Section 8.  Paragraph (c) of subsection (9) of section
164616.242, Florida Statutes, is amended to read:
165     616.242  Safety standards for amusement rides.-
167     (c)  The insurance requirements imposed under this
168subsection do not apply to a governmental entity that is covered
169by the provisions of s. 768.28(17)(16).
170     Section 9.  Section 624.461, Florida Statutes, is amended
171to read:
172     624.461  Definition.-For the purposes of the Florida
173Insurance Code, "self-insurance fund" means both commercial
174self-insurance funds organized under s. 624.462 and group self-
175insurance funds organized under s. 624.4621. The term "self-
176insurance fund" does not include a governmental self-insurance
177pool created under s. 768.28(17)(16).
178     Section 10.  Subsection (6) of section 624.462, Florida
179Statutes, is amended to read:
180     624.462  Commercial self-insurance funds.-
181     (6)  A governmental self-insurance pool created pursuant to
182s. 768.28(17)(16) shall not be considered a commercial self-
183insurance fund.
184     Section 11.  Paragraph (b) of subsection (3) of section
185627.733, Florida Statutes, is amended to read:
186     627.733  Required security.-
187     (3)  Such security shall be provided:
188     (b)  By any other method authorized by s. 324.031(2), (3),
189or (4) and approved by the Department of Highway Safety and
190Motor Vehicles as affording security equivalent to that afforded
191by a policy of insurance or by self-insuring as authorized by s.
192768.28(17)(16). The person filing such security shall have all
193of the obligations and rights of an insurer under ss. 627.730-
195     Section 12.  This act shall take effect July 1, 2011.

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