Bill Text: FL S1536 | 2016 | Regular Session | Introduced
Bill Title: Vulnerable Adults
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Children, Families, and Elder Affairs [S1536 Detail]
Download: Florida-2016-S1536-Introduced.html
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. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 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;, by20 (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; orby30 (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.