THE BILL ITSELF
SB 660
Community-based Care Lead Agency and Subcontractor Liability
Florida Senate - 2026 SB 660 By Senator McClain 9-00347A-26 2026660__
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A bill to be entitled
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An act relating to community-based care lead agency
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and subcontractor liability; amending s. 409.993,
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F.S.; defining the term “culpably negligent manner”;
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providing circumstances under which a community-based
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care lead agency is not liable in tort for the acts or
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omissions of its officers or employees; providing that
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a community-based care lead agency may be held liable
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in tort for such acts or omissions under certain
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circumstances; providing that a community-based care
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lead agency is not liable in tort for the acts or
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omissions of its subcontractors; providing
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circumstances under which a subcontractor of a
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community-based care lead agency is not liable in tort
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for the acts or omissions of the subcontractor’s
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officers, agents, or employees; providing that a
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subcontractor of a community-based care lead agency
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may be held liable in tort for such acts or omissions
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under certain circumstances; deleting a provision
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applying a limitation on certain liability to
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contracts entered into or renewed after a certain
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date; deleting a provision that annually increases
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certain conditional limitations on damages by a
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specified percentage; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 409.993, Florida Statutes, is amended,
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to read:
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409.993 Lead agencies and subcontractor liability.—
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(1) FINDINGS.—
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(a) The Legislature finds that the state has traditionally
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provided foster care services to children who are the
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responsibility of the state. As such, foster children have not
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had the right to recover for injuries beyond the limitations
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specified in s. 768.28. The Legislature has determined that
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foster care and related services should be outsourced pursuant
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to this section and that the provision of such services is of
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paramount importance to the state. The purpose of such
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outsourcing is to increase the level of safety, security, and
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stability of children who are or become the responsibility of
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the state. One of the components necessary to secure a safe and
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stable environment for such children is the requirement that
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private providers maintain liability insurance. As such,
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insurance needs to be available and remain available to
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nongovernmental foster care and related services providers
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without the resources of such providers being significantly
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reduced by the cost of maintaining such insurance.
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(b) The Legislature further finds that, by requiring the
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following minimum levels of insurance, children in outsourced
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foster care and related services will gain increased protection
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and rights of recovery in the event of injury than currently
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provided in s. 768.28.
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(2) DEFINITION.—As used in this section, the term “culpably
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negligent manner” means reckless indifference or grossly
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careless disregard of human life.
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(3) (2) LEAD AGENCY LIABILITY.—
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(a) Other than an entity to which s. 768.28 applies, an
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eligible community-based care lead agency, or its employees or
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officers, except as otherwise provided in paragraph (e) (b) ,
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shall, as a part of its contract, obtain a minimum of $1 million
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per occurrence with a policy period aggregate limit of $3
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million in general liability insurance coverage. The lead agency
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shall must also require that staff who transport client children
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and families in their personal automobiles in order to carry out
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their job responsibilities obtain minimum bodily injury
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liability insurance in the amount of $100,000 per person per any
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one automobile accident, and , subject to such limits for each
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person, $300,000 for all damages resulting from any one
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automobile accident, on their personal automobiles. In lieu of
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personal motor vehicle insurance, the lead agency’s casualty,
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liability, or motor vehicle insurance carrier may provide
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nonowned automobile liability coverage. This insurance provides
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liability insurance for an automobile that the lead agency uses
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in connection with the lead agency’s business but does not own,
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lease, rent, or borrow. This coverage includes an automobile
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owned by an employee of the lead agency or a member of the
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employee’s household but only while the automobile is used in
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connection with the lead agency’s business. The nonowned
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automobile coverage for the lead agency applies as excess
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coverage over any other collectible insurance. The personal
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automobile policy for the employee of the lead agency must shall
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be primary insurance, and the nonowned automobile coverage of
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the lead agency acts as excess insurance to the primary
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insurance. The lead agency shall provide a minimum limit of $1
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million in nonowned automobile coverage. In a tort action
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brought against such a lead agency or employee, net economic
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damages are shall be limited to $2 million per liability claim
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and $200,000 per automobile claim, including, but not limited
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to, past and future medical expenses, wage loss, and loss of
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earning capacity, offset by any collateral source payment paid
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or payable. In any tort action brought against a lead agency,
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noneconomic damages are shall be limited to $400,000 per claim.
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A claims bill may be brought on behalf of a claimant pursuant to
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s. 768.28 for any amount exceeding the limits specified in this
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paragraph. Any offset of collateral source payments made as of
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the date of the settlement or judgment must shall be in
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accordance with s. 768.76.
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(b) A The lead agency is not liable in tort for the acts or
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omissions of its subcontractors or the officers , agents, or
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employees if, at the time of the act or omission giving rise to
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the claim, the lead agency has done all of the following:
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1. Ensured that any criminal background checks required by
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law have occurred in a timely manner for its officers and
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employees of its subcontractors .
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2. Before hiring its officers and employees, and at least
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once every 5 years thereafter, confirmed that its officers and
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employees are not listed in a state registry or database that
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indicates that any of the officers or employees are ineligible
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to supervise or provide treatment to children.
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3. Reported any known allegation of misconduct by its
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officers and employees, as required by law.
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4. Required its officers and employees to complete all of
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the following training:
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a. At least once every 5 years, child sexual abuse
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prevention training.
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b. Child abuse and neglect reporting training.
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(c) A lead agency may be held liable in tort for the acts
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or omissions of its officers and employees if the claimant shows
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all of the following:
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1. The lead agency was not in substantial compliance with a
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requirement provided in paragraph (b) at the time of the act or
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omission giving rise to the claim.
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2. The requirement was designed to prevent the specific
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type of harm alleged to have occurred.
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3. The lead agency’s failure to be in substantial
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compliance with the requirement was a contributing factor in
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bringing about the harm.
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(d) A lead agency is not liable in tort for the acts or
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omissions of its subcontractors or the officers, agents, or
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employees of its subcontractors.
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(e) (b) The liability of a lead agency described in this
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section is shall be exclusive and in place of all other
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liability of such lead agency. The same immunities from
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liability enjoyed by such lead agencies shall extend to each
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employee of the lead agency if he or she is acting in
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furtherance of the lead agency’s business, including the
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transportation of clients served, as described in this
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subsection, in privately owned vehicles. Such immunities are not
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applicable to a lead agency or an employee of the lead agency
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who acts in a culpably negligent manner or with willful and
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wanton disregard or unprovoked physical aggression if such acts
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result in injury or death or such acts proximately cause such
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injury or death. Such immunities are not applicable to employees
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of the same lead agency when each is operating in the
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furtherance of the agency’s business, but they are assigned
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primarily to unrelated work within private or public employment.
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The same immunities from liability immunity provisions enjoyed
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by a lead agency also apply to any sole proprietor, partner,
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corporate officer or director, supervisor, or other person who,
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in the course and scope of his or her duties, acts in a
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managerial or policymaking capacity if and the conduct that
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caused the alleged injury arose within the course and scope of
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those managerial or policymaking duties. As used in this
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subsection and subsection (3), the term “culpably negligent
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manner” means reckless indifference or grossly careless
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disregard of human life.
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(4) (3) SUBCONTRACTOR LIABILITY.—
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(a) A subcontractor of an eligible community-based care
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lead agency that is a direct provider of foster care and related
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services to children and families, and its employees or
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officers, except as otherwise provided in paragraph (e) (c) ,
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must, as a part of its contract, obtain a minimum of $1 million
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per occurrence with a policy period aggregate limit of $3
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million in general liability insurance coverage. The
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subcontractor of a lead agency shall must also require that
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staff who transport client children and families in their
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personal automobiles in order to carry out their job
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responsibilities obtain minimum bodily injury liability
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insurance in the amount of $100,000 per person in any one
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automobile accident, and , subject to such limits for each
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person, $300,000 for all damages resulting from any one
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automobile accident, on their personal automobiles. In lieu of
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personal motor vehicle insurance, the subcontractor’s casualty,
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liability, or motor vehicle insurance carrier may provide
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nonowned automobile liability coverage. This insurance provides
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liability insurance for automobiles that the subcontractor uses
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in connection with the subcontractor’s business but does not
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own, lease, rent, or borrow. This coverage includes automobiles
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owned by the employees of the subcontractor or a member of the
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employee’s household but only while the automobiles are used in
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connection with the subcontractor’s business. The nonowned
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automobile coverage for the subcontractor applies as excess
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coverage over any other collectible insurance. The personal
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automobile policy for the employee of the subcontractor must
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shall be primary insurance, and the nonowned automobile coverage
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of the subcontractor acts as excess insurance to the primary
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insurance. The subcontractor shall provide a minimum limit of $1
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million in nonowned automobile coverage. In a tort action
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brought against such subcontractor or employee, net economic
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damages are shall be limited to $2 million per liability claim
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and $200,000 per automobile claim, including, but not limited
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to, past and future medical expenses, wage loss, and loss of
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earning capacity, offset by any collateral source payment paid
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or payable. In a tort action brought against such subcontractor,
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noneconomic damages are shall be limited to $400,000 per claim.
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A claims bill may be brought on behalf of a claimant pursuant to
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s. 768.28 for any amount exceeding the limits specified in this
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paragraph. Any offset of collateral source payments made as of
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the date of the settlement or judgment must shall be in
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accordance with s. 768.76.
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(b) A subcontractor of a lead agency is not liable in tort
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for the acts or omissions of the subcontractor’s officers,
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agents, or employees if, at the time of the act or omission
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giving rise to the claim, the subcontractor has done all of the
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following:
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1. Ensured that any criminal background checks required by
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law have occurred in a timely manner for its officers, agents,
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or employees.
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2. Before hiring, contracting with, or otherwise enlisting
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the services of its officers, agents, or employees, and at least
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once every 5 years thereafter, confirmed its officers, agents,
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and employees are not listed in a state registry or database
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that indicates that any of the officers, agents, or employees
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are ineligible to supervise or provide treatment to children.
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3. Reported any known allegation of misconduct by its
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officers, agents, or employees, as required by law.
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4. Required its officers, agents, and employees to complete
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all of the following training:
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a. At least once every 5 years, child sexual abuse
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prevention training.
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b. Child abuse and neglect reporting training.
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(c) A subcontractor of a lead agency may be held liable in
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tort for the acts or omissions its officers, agents, or
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employees if the claimant shows all of the following:
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1. The subcontractor was not in substantial compliance with
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a requirement provided in paragraph (b) at the time of the act
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or omission giving rise to the claim.
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2. The requirement was designed to prevent the specific
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type of harm alleged to have occurred.
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3. The subcontractor’s failure to be in substantial
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compliance with the requirement was a contributing factor in
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bringing about the harm.
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(d) (b) A subcontractor of a lead agency that is a direct
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provider of foster care and related services is not liable for
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the acts or omissions of the lead agency; the department; or the
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officers, agents, or employees thereof. The limitation on
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liability established in this paragraph applies to contracts
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entered into or renewed after July 1, 2025.
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(e) (c) The liability of a subcontractor of a lead agency
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that is a direct provider of foster care and related services as
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described in this section is exclusive and in place of all other
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liability of such provider. The same immunities from liability
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enjoyed by such subcontractor provider extend to each employee
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of the subcontractor when such employee is acting in furtherance
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of the subcontractor’s business, including the transportation of
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clients served, as described in this subsection, in privately
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owned vehicles. Such immunities are not applicable to a
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subcontractor or an employee who acts in a culpably negligent
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manner or with willful and wanton disregard or unprovoked
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physical aggression if such acts result in injury or death or if
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such acts proximately cause such injury or death. Such
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immunities are not applicable to employees of the same
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subcontractor who are operating in the furtherance of the
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subcontractor’s business but are assigned primarily to unrelated
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works within private or public employment. The same immunity
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provisions enjoyed by a subcontractor also apply to any sole
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proprietor, partner, corporate officer or director, supervisor,
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or other person who, in the course and scope of his or her
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duties, acts in a managerial or policymaking capacity and the
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conduct that caused the alleged injury arose within the course
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and scope of those managerial or policymaking duties.
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(4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant of
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the increasing costs of goods and services each year and
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recognizes that fixing a set amount of compensation has the
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effect of a reduction in compensation each year. Accordingly,
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the conditional limitations on damages in this section shall be
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increased at the rate of 5 percent each year, prorated from July
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1, 2014, to the date at which damages subject to such
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limitations are awarded by final judgment or settlement.
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Section 2. This act shall take effect July 1, 2026.