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FL H0995
Bill
Status
Failed
3/8/2024
Primary Sponsor
Civil Justice Subcommittee
Click for details
AI Summary
- Establishes an exclusive cause of action for residents' rights violations or negligence at assisted living facilities, limiting claims to the licensee, the licensee's management company or active participant, managing employees, and direct caregivers (employees or contractors)
- Grants immunity from liability to "passive investors" — individuals or entities with a financial interest in a facility who do not participate in decisionmaking or operations
- Requires claimants to obtain court or arbitration panel approval through a motion for leave to amend before asserting claims against any individual or entity beyond the specified defendants, by demonstrating a reasonable showing of duty, breach, and causation
- Raises the standard for punitive damages by requiring clear and convincing evidence that a specific individual or corporate defendant actively and knowingly participated in intentional misconduct or gross negligence, and limits vicarious liability for punitive damages to cases where an officer, director, or manager condoned, ratified, or consented to the conduct
- Applies to causes of action accruing on or after July 1, 2024, and caps attorney fees for injunctive or administrative relief at $25,000
Legislative Description
Civil Actions Involving Assisted Living Facilities
Last Action
Died in Health & Human Services Committee
3/8/2024
Committee Referrals
Health And Human Services2/5/2024
Civil Justice Subcommittee1/8/2024
Full Bill Text
No bill text available