Florida 2024 Regular Session Status: In Committee 1 R cosponsors

HB 995 — Civil Actions Involving Assisted Living Facilities

Last action — Died in Health & Human Services Committee

  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

Civil Actions Involving Assisted Living Facilities; Provides requirements for exclusive cause of action for residents' rights violations or negligence to be brought against specified individuals; provides immunity from liability for certain individuals; prohibits such action from being asserted against certain individuals or entities; revises requirements for recovery of damages & liability for such damages.

Bill Text

What changed in the latest version

261 added · 200 removed

261 line(s) added, 200 removed.

→
Previous
Latest
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 HB995 2024 A bill to be entitled An act relating to civil actions involving assisted living facilities;
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 CS/HB995 2024 A bill to be entitled An act relating to civil actions involving assisted living facilities;
providing definitions;
providing definitions;
revising definitions;
Subsections (2) through (7) of section 429.29, Florida Statutes, are renumbered as subsections (4) through (9), respectively, subsection (1) is amended, and new subsections (2) and (3) are added to that section, to read:
Section 429.29, Florida Statutes, is amended to read:
429.29 Civil actions to enforce rights.— (1) An exclusive cause of action for negligence or a violation of a resident's Any person or resident whose rights as specified under in this part which alleges direct or vicarious Page 1of 8 CODING:
429.29 Civil actions to enforce rights.— (1) As used in this section, the term:
(a) "Licensee" means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is issued a permit, registration, certificate, or Page 1of 10 CODING:
hb0995-00 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 HB995 2024 liability for the personal injury or death of an assisted living resident arising from such negligence or violation of rights and which seeks damages for such injury or death may be brought only against the licensee, the licensee's management or consulting company, the licensee's managing employees, and any direct caregivers, whether employees or contractors.
hb0995-01-c1 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 CS/HB995 2024 license by the agency and is legally responsible for all aspects of the operation of the facility.
(b) "Management company or active participant" means an individual or entity that contracts or receives a fee to provide any of the following services for a facility:
1.
Hiring or firing the administrator or director of nursing;
2.
Controlling or having control over staffing levels at the facility;
3.
Having control over the budget of the facility;
4.
Implementing and enforcing the policies and procedures of the facility;
or 5.
Receiving and controlling a line of credit, loan, or other credit instrument that is used either in whole or in part by, or for the benefit of, the subject facility where a resident resides or resided during the subject residency.
(c) "Passive investor" means an individual or entity that has an interest in a facility but does not participate in the decisionmaking or operations of the facility.
(2) An exclusive cause of action for a residents' Any person or resident whose rights violation or for negligence as specified under in this part which alleges direct or vicarious liability for the personal injury or death of a resident arising from such rights violation or negligence and which seeks damages for such injury or death may be brought only against the Page 2of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0995-01-c1 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 CS/HB995 2024 licensee, the licensee's management company or active participant, the licensee's managing employees, or any direct caregivers, whether employees or contractors.
(a) The action may be brought by the resident or his or her guardian, or by a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death.
(a) The action may be brought by the resident or his or her guardian, or by an individual a person or organization acting on behalf of a resident with the consent of the resident or his or her guardian, or by the personal representative of the estate of a deceased resident regardless of the cause of death.
(b) If the action alleges a claim for the resident's rights or for negligence that caused the death of the resident, the claimant shall, after the verdict, but before the judgment is entered, be required to elect either survival damages pursuant to s.
(b) If the action alleges a claim for a residents' the resident's rights violation or for negligence that caused the death of the resident, the claimant must, after the verdict, but before the judgment is entered, shall be required to elect either survival damages pursuant to s.
If the action alleges a claim for the resident's rights or for negligence that did not cause the death of the resident, the personal representative of the estate may recover damages for the negligence that caused injury to the resident.
If the action alleges a claim for a residents' the resident's rights violation or for negligence that did not cause the death of the resident, the personal representative of the estate may recover damages for the negligence that caused injury to the resident.
(c) The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual Page 2of 8 CODING:
(c) The action may be brought in any court of competent jurisdiction to enforce such rights and to recover actual damages, and punitive damages for the residents' rights violation of the rights of a resident or negligence.
Page 3of 10 CODING:
hb0995-00 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 HB995 2024 damages, and punitive damages for the violation of the rights of a resident or negligence.
hb0995-01-c1 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 CS/HB995 2024 (d) A Any resident who prevails in seeking injunctive relief or a claim for an administrative remedy is entitled to recover the costs of the action and a reasonable attorney fees attorney's fee assessed against the defendant of up to not to exceed $25,000.
(d) A Any resident who prevails in seeking injunctive relief or a claim for an administrative remedy is entitled to recover the costs of the action and a reasonable attorney fees attorney's fee assessed against the defendant of up to not to exceed $25,000.
Such attorney fees must shall be awarded solely for the injunctive or administrative relief and not for any claim or action for damages whether such claim or action is brought together with a request for an injunction or administrative relief or as a separate action, except as provided under s.
Fees shall be awarded solely for the injunctive or administrative relief and not for any claim or action for damages whether such claim or action is brought together with a request for an injunction or administrative relief or as a separate action, except as provided under s.
(2) As used in this section, the term:
(3) A cause of action for a residents' rights violation or for negligence may not be asserted against an individual or entity other than the licensee, the licensee's management company or active participant, the licensee's managing employees, or any direct caregivers, whether employees or contractors, unless, after a motion for leave to amend hearing, Page 4of 10 CODING:
(a) "Licensee" means an individual, corporation, partnership, firm, association, governmental entity, or other entity that is issued a permit, registration, certificate, or Page 3of 8 CODING:
hb0995-00 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 HB995 2024 license by the agency, and that is legally responsible for all aspects of the operation of the facility.
hb0995-01-c1 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 CS/HB995 2024 the court or an arbitration panel determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:
(b) "Management or consulting company" means an individual or entity who contracts with, or receives a fee from, a licensee to provide any of the following services for a facility:
(a) The individual or entity owed a duty of reasonable care to the resident and breached that duty;
1.
and (b) The breach of that duty is a legal cause of loss, injury, death, or damage to the resident.
Hiring or firing of the administrator or director of nursing;
For purposes of this subsection, if it is asserted in a proposed amended pleading that such cause of action arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the proposed amendment relates back to the original pleading.
2.
(4)(2) In any claim brought pursuant to this part alleging a violation of residents' resident's rights or negligence causing injury to or the death of a resident, the claimant has shall have the burden of proving, by a preponderance of the evidence, that:
Controlling or having control over the staffing levels at the facility;
(a) The defendant owed a duty to the resident;
Show all 81 changed rows (41 more)
Previous
Latest
3.
(b) The defendant breached the duty to the resident;
Having control over the budget of the facility;
(c) The breach of the duty is a legal cause of loss, injury, death, or damage to the resident;
or 4.
and (d) The resident sustained loss, injury, death, or damage as a result of the breach.
Implementing and enforcing the policies and procedures of the facility.
Page 5of 10 CODING:
(c) "Passive investor" means an individual or entity that has an interest in a facility but does not participate in the decisionmaking or operations of the facility.
(3) A cause of action may not be asserted against an individual or entity other than the licensee, the licensee's management or consulting company, the licensee's managing employees, and any direct caregivers, whether employees or contractors, unless, after a motion for leave to amend hearing, the court or an arbitration panel determines that there is sufficient evidence in the record or proffered by the claimant to establish a reasonable showing that:
(a) The individual or entity owed a duty of reasonable care to the resident and that the individual or entity breached Page 4of 8 CODING:
hb0995-00 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 HB995 2024 that duty;
hb0995-01-c1 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 CS/HB995 2024 Nothing in This part does not shall be interpreted to create strict liability.
and (b) The breach of that duty is a legal cause of loss, injury, death, or damage to the resident.
A violation of the rights provided set forth in s.
For purposes of this subsection, if, in a proposed amended pleading, it is asserted that such cause of action arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the proposed amendment relates back to the original pleading.
429.28 or in any other standard or guidelines specified in this part or in any applicable administrative standard or guidelines of this state or a federal regulatory agency may shall be evidence of negligence but is shall not be considered negligence per se.
(5)(3) In a any claim brought pursuant to this section, a licensee, individual person, or entity has shall have a duty to exercise reasonable care.
Reasonable care is that degree of care which a reasonably careful licensee, individual person, or entity would use under like circumstances.
(6)(4) In a any claim for a residents' resident's rights violation or for negligence by a nurse licensed under part I of chapter 464, such nurse has shall have the duty to exercise care consistent with the prevailing professional standard of care for a nurse.
The prevailing professional standard of care for a nurse is shall be that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar nurses.
(7)(5) Discovery of financial information for the purpose of determining the value of punitive damages may not be conducted had unless the plaintiff shows the court by proffer or evidence in the record that a reasonable basis exists to support Page 6of 10 CODING:
Words strickenare deletions;
words underlined are additions.
hb0995-01-c1 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 CS/HB995 2024 a claim for punitive damages.
(8)(6) In addition to any other standards for punitive damages, any award of punitive damages must be reasonable in light of the actual harm suffered by the resident and the egregiousness of the conduct that caused the actual harm to the resident.
(9)(7) The resident or the resident's legal representative shall serve a copy of a any complaint alleging in whole or in part a violation of any rights specified in this part to the agency for Health Care Administration at the time of filing the initial complaint with the clerk of the court for the county in which the action is pursued.
The requirement of providing a copy of the complaint to the agency does not impair the resident's legal rights or ability to seek relief for his or her claim.
burden of proof.— (1) A In any action for damages brought under this part, no claim for punitive damages may not be brought under this part shall be permitted unless there is a reasonable showing by admissible evidence that has been submitted by the parties that provides in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages when the criteria in this section are applied.
burden of proof.— (1) A In any action for damages brought under this part, no claim for punitive damages may not be brought under this part shall be permitted unless there is a reasonable showing by admissible evidence submitted by the parties which provides in the record or proffered by the claimant which would provide a reasonable basis for recovery of such damages pursuant to this section.
(a) The claimant may move to amend her or his complaint to assert a claim for punitive damages as allowed by the rules of civil procedure in accordance with evidentiary requirements set forth in this section.
(a) The claimant may move to amend her or his complaint to Page 7of 10 CODING:
(b) The court shall conduct a hearing to determine whether there is sufficient admissible evidence submitted by the parties Page 5of 8 CODING:
hb0995-00 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 HB995 2024 to ensure that there is a reasonable basis to believe that the claimant, at trial, will be able to demonstrate by clear and convincing evidence that the recovery of such damages is warranted under a claim for direct liability as specified in subsection (2) or under a claim for vicarious liability as specified in subsection (3).
hb0995-01-c1 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 CS/HB995 2024 assert a claim for punitive damages as allowed by the rules of civil procedure in accordance with evidentiary requirements provided in this section.
(c) The rules of civil procedure shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages.
(b) The court shall conduct a hearing to determine whether there is sufficient admissible evidence submitted by the parties to ensure that there is a reasonable basis to believe that the claimant, at trial, will be able to demonstrate by clear and convincing evidence that the recovery of such damages is warranted under a claim for direct liability as specified in subsection (2) or under a claim for vicarious liability as specified in subsection (3).
No Discovery of financial worth may not shall proceed until after the pleading on concerning punitive damages is approved by the court permitted.
(c) The rules of civil procedure must shall be liberally construed so as to allow the claimant discovery of evidence which appears reasonably calculated to lead to admissible evidence on the issue of punitive damages.
(2) A defendant may be held liable for punitive damages only if the trier of fact, by based on clear and convincing evidence, finds that a specific person or corporate defendant actively and knowingly participated in intentional misconduct or engaged in conduct that constitutes gross negligence and contributed to the loss, damages, or injury suffered by the claimant the defendant was personally guilty of intentional misconduct or gross negligence.
No Discovery of financial worth may not shall proceed until after the pleading concerning punitive damages is approved by the court permitted.
As used in this section, the term:
(2) A defendant may be held liable for punitive damages only if the trier of fact, by based on clear and convincing evidence, finds that a specific individual or corporate defendant actively and knowingly participated in intentional misconduct or actively and knowingly engaged in conduct that constitutes gross negligence and contributed to the loss, damages, or injury suffered by the claimant the defendant was personally guilty of intentional misconduct or gross negligence.
(a) "Intentional misconduct" means that the defendant against whom punitive damages are sought had actual knowledge of the wrongfulness of the conduct and the high probability that Page 6of 8 CODING:
Page 8of 10 CODING:
hb0995-00 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 HB995 2024 injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
hb0995-01-c1 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 CS/HB995 2024 As used in this section, the term:
(b) "Gross negligence" means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of persons exposed to such conduct.
(a)(b) "Gross negligence" means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of individuals persons exposed to such conduct.
(b)(a) "Intentional misconduct" means that the defendant against whom punitive damages are sought had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result and, despite that knowledge, intentionally pursued that course of conduct, resulting in injury or damage.
or (c) The employer, principal, corporation, or other legal entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.
or (c) The employer, principal, corporation, or other legal Page 9of 10 CODING:
(4) The plaintiff shall must establish at trial, by clear Page 7of 8 CODING:
hb0995-00 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 HB995 2024 and convincing evidence, its entitlement to an award of punitive damages.
hb0995-01-c1 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 CS/HB995 2024 entity engaged in conduct that constituted gross negligence and that contributed to the loss, damages, or injury suffered by the claimant.
(4) The plaintiff must establish at trial, by clear and convincing evidence, its entitlement to an award of punitive damages.
The amendments made by this act apply to causes of action accruing on or after the effective date of this act.
The amendments to ss.
429.29 and 429.297, Florida Statutes, made by this act apply to causes of action that accrue on or after July 1, 2024.
Page 8of 8 CODING:
Page 10 of10 CODING:
hb0995-00
hb0995-01-c1
⬇ Download PDF
View plain text versions (2)

Action History

  1. Died in Health & Human Services Committee

  2. 1st Reading (Committee Substitute 1)

  3. Now in Health & Human Services Committee

  4. Referred to Judiciary Committee

  5. Referred to Health & Human Services Committee

  6. Original reference removed: Select Committee on Health Innovation

  7. CS Filed

  8. Laid on Table under Rule 7.18(a)

  9. Reported out of Civil Justice Subcommittee

  10. Favorable with CS by Civil Justice Subcommittee

  11. Added to Civil Justice Subcommittee agenda

  12. 1st Reading (Original Filed Version)

  13. Now in Civil Justice Subcommittee

  14. Referred to Judiciary Committee

  15. Referred to Select Committee on Health Innovation

  16. Referred to Civil Justice Subcommittee

  17. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

2 sponsors · 0 co-sponsors · 162 not signed on · 5 voted No

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

Show all 162 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 12 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 0500
Unaffiliated 2000
Republican 10001
Total 12501
% of votes cast 67%28%0%6%
How each member voted (18)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Nay
Campbell, Daryl Democrat Nay
Daniels, Kimberly Democrat Nay
Gantt, Ashley Viola Democrat Nay
López, Johanna Democrat Nay
Black, Dean Republican Not Voting
Chamberlin, Ryan Republican Yea
Koster, Traci Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Snyder, John Republican Yea

Official roll call →

Subjects

civil-rights healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 995 do?
Civil Actions Involving Assisted Living Facilities; Provides requirements for exclusive cause of action for residents' rights violations or negligence to be brought against specified individuals; provides immunity from liability for certain individuals; prohibits such action from being asserted against certain individuals or entities; revises requirements for recovery of damages & liability for such damages.
Who sponsors HB 995?
HB 995 is sponsored by Chamberlin, Ryan (Republican) and Civil Justice Subcommittee.
What is the current status of HB 995?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 995?
Track HB 995 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 995

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 995

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →