Florida SB 660: Sexual Offense Victim Rights

Bill Text

660 
Community-based Care Lead Agency and Subcontractor Liability 
2025-11-24T08:51:19Z 
Defining the term “culpably negligent manner”; providing circumstances under which a community-based care lead agency is not liable in tort for the acts or omissions of its officers or employees; providing that a community-based care lead agency may be held liable in tort for such acts or omissions under certain circumstances; providing that a subcontractor of a community-based care lead agency may be held liable in tort for such acts or omissions under certain circumstances; deleting a provision applying a limitation on certain liability to contracts entered into or renewed after a certain date, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 660 

 By Senator McClain 

 9-00347A-26 2026660__ 
 1 A bill to be entitled 
 2 An act relating to community-based care lead agency 
 3 and subcontractor liability; amending s. 409.993, 
 4 F.S.; defining the term “culpably negligent manner”; 
 5 providing circumstances under which a community-based 
 6 care lead agency is not liable in tort for the acts or 
 7 omissions of its officers or employees; providing that 
 8 a community-based care lead agency may be held liable 
 9 in tort for such acts or omissions under certain 
 10 circumstances; providing that a community-based care 
 11 lead agency is not liable in tort for the acts or 
 12 omissions of its subcontractors; providing 
 13 circumstances under which a subcontractor of a 
 14 community-based care lead agency is not liable in tort 
 15 for the acts or omissions of the subcontractor’s 
 16 officers, agents, or employees; providing that a 
 17 subcontractor of a community-based care lead agency 
 18 may be held liable in tort for such acts or omissions 
 19 under certain circumstances; deleting a provision 
 20 applying a limitation on certain liability to 
 21 contracts entered into or renewed after a certain 
 22 date; deleting a provision that annually increases 
 23 certain conditional limitations on damages by a 
 24 specified percentage; providing an effective date. 
 25 
 26 Be It Enacted by the Legislature of the State of Florida: 
 27 
 28 Section 1. Section 409.993, Florida Statutes, is amended, 
 29 to read: 
 30 409.993 Lead agencies and subcontractor liability.— 
 31 (1) FINDINGS.— 
 32 (a) The Legislature finds that the state has traditionally 
 33 provided foster care services to children who are the 
 34 responsibility of the state. As such, foster children have not 
 35 had the right to recover for injuries beyond the limitations 
 36 specified in s. 768.28. The Legislature has determined that 
 37 foster care and related services should be outsourced pursuant 
 38 to this section and that the provision of such services is of 
 39 paramount importance to the state. The purpose of such 
 40 outsourcing is to increase the level of safety, security, and 
 41 stability of children who are or become the responsibility of 
 42 the state. One of the components necessary to secure a safe and 
 43 stable environment for such children is the requirement that 
 44 private providers maintain liability insurance. As such, 
 45 insurance needs to be available and remain available to 
 46 nongovernmental foster care and related services providers 
 47 without the resources of such providers being significantly 
 48 reduced by the cost of maintaining such insurance. 
 49 (b) The Legislature further finds that, by requiring the 
 50 following minimum levels of insurance, children in outsourced 
 51 foster care and related services will gain increased protection 
 52 and rights of recovery in the event of injury than currently 
 53 provided in s. 768.28. 
 54 (2) DEFINITION.—As used in this section, the term “culpably 
 55 negligent manner” means reckless indifference or grossly 
 56 careless disregard of human life. 
 57 (3)(2) LEAD AGENCY LIABILITY.— 
 58 (a) Other than an entity to which s. 768.28 applies, an 
 59 eligible community-based care lead agency, or its employees or 
 60 officers, except as otherwise provided in paragraph (e) (b), 
 61 shall, as a part of its contract, obtain a minimum of $1 million 
 62 per occurrence with a policy period aggregate limit of $3 
 63 million in general liability insurance coverage. The lead agency 
 64 shall must also require that staff who transport client children 
 65 and families in their personal automobiles in order to carry out 
 66 their job responsibilities obtain minimum bodily injury 
 67 liability insurance in the amount of $100,000 per person per any 
 68 one automobile accident, and, subject to such limits for each 
 69 person, $300,000 for all damages resulting from any one 
 70 automobile accident, on their personal automobiles. In lieu of 
 71 personal motor vehicle insurance, the lead agency’s casualty, 
 72 liability, or motor vehicle insurance carrier may provide 
 73 nonowned automobile liabilit