This bill amends Section 409.993 of the Florida Statutes to clarify the liability of community-based care lead agencies and their subcontractors in tort cases. It introduces the definition of "culpably negligent manner," which refers to reckless indifference or grossly careless disregard for human life. The bill specifies that a community-based care lead agency is not liable for the acts or omissions of its officers or employees unless certain conditions are met, such as ensuring timely criminal background checks and confirming that employees are not ineligible to supervise or provide treatment to children. Additionally, the bill states that subcontractors are not liable for the acts or omissions of their officers, agents, or employees under similar conditions.

The bill also removes provisions that previously limited liability based on contract dates and annual increases in damage limitations. It establishes that both lead agencies and subcontractors must maintain minimum levels of liability insurance and outlines the circumstances under which they may be held liable for tort claims. The effective date for this act is set for July 1, 2026.

Statutes affected:
S 660 Filed: 409.993