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FL S0618

FL S0618
Community-based Care Lead Agency and Subcontractor Liability


summary

Introduced
02/11/2025
In Committee
02/20/2025
Crossed Over
Passed
Dead
06/16/2025

Introduced Session

2025 Regular Session

Bill Summary

An act relating to community-based care lead agency and subcontractor liability; amending s. 409.993, F.S.; revising the minimum per occurrence and aggregate limit amounts of general liability insurance coverage that must be obtained as a part of certain contracts; reducing the limit on net economic damages in tort actions brought against community-based care lead agencies or employees; providing that a community-based care lead agency and its subcontractors are not liable for certain claims and judgments arising out of a given incident or occurrence when such claims or judgments exceed a specified aggregate amount; providing a limitation on attorney fees; deleting provisions requiring an annual increase in conditional limitations on damages; providing an effective date.

AI Summary

This bill modifies liability and insurance requirements for community-based care lead agencies and their subcontractors in Florida, focusing on reducing potential financial risks. The legislation reduces the minimum general liability insurance coverage from $1 million to $500,000 per occurrence, with an aggregate policy limit of $1 million (previously $3 million). It also lowers the cap on net economic damages in tort actions from $2 million to $1 million per liability claim, and maintains the existing $400,000 limit on noneconomic damages. Importantly, the bill introduces a new provision that limits the total liability of lead agencies and their subcontractors to $1.5 million for claims arising from a single incident or occurrence, meaning any claims exceeding this amount would require a separate claims bill. Additionally, the bill restricts attorney fees to a maximum of 25% of any settlement or judgment and removes previous provisions for annual automatic increases in damage limitations. These changes aim to provide more predictable and potentially lower financial exposure for community-based care organizations providing services to children and families, while still maintaining a mechanism for compensation through claims bills for extraordinary circumstances.

Sponsors (1)

Last Action

Died in Children, Families, and Elder Affairs, companion bill(s) passed, see CS/SB 7012 (Ch. 2025-186) (on 06/16/2025)

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