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FL S0238
Bill
AI Summary
- Limits lawsuits for residents' rights violations or negligence at assisted living facilities to claims against the licensee, management company or active participant, managing employees, and direct caregivers only
- Grants "passive investors" — individuals or entities with a financial interest but no role in facility decisionmaking or operations — immunity from liability for such claims
- Requires claimants seeking to sue any individual or entity beyond the defined parties to first obtain court approval by demonstrating sufficient evidence of a duty of care owed, a breach of that duty, and resulting harm to the resident
- Raises the standard for punitive damages by requiring clear and convincing evidence that a specific 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
Legislative Description
Claims Against Assisted Living Facilities
Last Action
Died in Rules
3/8/2024
Committee Referrals
Rules2/7/2024
Health Policy1/30/2024
Full Bill Text
No bill text available