Florida HB 529: Insurance Guaranty Associations

Bill Text

CS/CS/HB 529 2026

CODING: Words stricken are deletions; words underlined are additions.
hb529-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

A bill to be entitled 1
An act relating to community-based care lead agency 2
and subcontractor liability; amending s. 409.993, 3
F.S.; revising legislative findings; removing 4
liability insurance coverage requirements for 5
community-based care lead agencies; removing liability 6
insurance coverage requirements for subcontractors of 7
community-based care lead agencies; removing a 8
requirement to annually increase certain conditional 9
limitations on damages by a specified percentage; 10
providing applicability; providing an effective date. 11
12
Be It Enacted by the Legislature of the State of Florida: 13
14
Section 1. Section 409.993, Florida Statutes, is amended 15
to read: 16
409.993 Lead agencies and subcontractor liability.— 17
(1) FINDINGS.— 18
(a) The Legislature finds that the state has traditionally 19
provided foster care services to children who are the 20
responsibility of the state. As such, foster children have not 21
had the right to recover for injuries beyond the limitations 22
specified in s. 768.28. The Legislature has determined that 23
foster care and related services should be outsourced pursuant 24
to this section and that the provision of such services is of 25

CS/CS/HB 529 2026

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

paramount importance to the state. The purpose of such 26
outsourcing is to increase the level of safety, security, and 27
stability of children who are or become the responsibility of 28
the state. One of the components necessary to secure a safe and 29
stable environment for such children is the requirement that 30
private providers maintain liability insurance. As such, 31
insurance needs to be available and remain available to 32
nongovernmental foster care and related services providers 33
without the resources of such providers being significantly 34
reduced by the cost of maintaining such insurance. 35
(b) The Legislature further finds that, by requiring the 36
following minimum levels of insurance, children in outsourced 37
foster care and related services will gain increased protection 38
and rights of recovery in the event of injury than currently 39
provided in s. 768.28. 40
(2) LEAD AGENCY LIABILITY.— 41
(a) Other than an entity to which s. 768.28 applies, an 42
eligible community-based care lead agency, or its employees or 43
officers, except as otherwise provided in paragraph (b), shall, 44
as a part of its contract, obtain a minimum of $1 million per 45
occurrence with a policy period aggregate limit of $3 million in 46
general liability insurance coverage. The lead agency must also 47
require that staff who transport client children and families in 48
their personal automobiles in order to carry out their job 49
responsibilities obtain minimum bodily injury liability 50

CS/CS/HB 529 2026

CODING: Words stricken are deletions; words underlined are additions.
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

insurance in the amount of $100,000 per person per any one 51
automobile accident, and subject to such limits for each person, 52
$300,000 for all damages resulting from any one automobile 53
accident, on their personal automobiles. In lieu of personal 54
motor vehicle insurance, the lead agency's casualty, liability, 55
or motor vehicle insurance carrier may provide nonowned 56
automobile liability coverage. This insurance provides liability 57
insurance for an automobile that the lead agency uses in 58
connection with the lead agency's business but does not own, 59
lease, rent, or borrow. This coverage includes an automobile 60
owned by an employee of the lead agency or a member of the 61
employee's household but only while the automobile is used in 62
connection with the lead agency's business. The nonowned 63
automobile coverage for the lead agency applies as excess 64
coverage over any other collectible insurance. The personal 65
automobile policy for the employee of the lead agency shall be 66
primary insurance, and the nonowned automobile coverage of the 67
lead agency acts as excess insurance to the primary insurance. 68
The lead agency shall provide a minimum limit of $1 million in 69
nonowned automobile coverage. In a tort action brought against 70
an eligible community-based care such a lead agency, other than 71
an entity to which s. 768.28 applies, or brought against an 72
employee of such lead agency, net economic damages shall be 73
limited to $2 million per liability claim and $200,000 per 74
automobile claim, including, but not limited to, past and future 75

CS/CS/HB 529 2026

CODING: Words stricken are deletions; words underlined are additions.
hb529-02-c2
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F L O R I D A H O U S E O F R E P R E S E N T A