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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
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
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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
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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
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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
medical expenses, wage loss, and loss of earning capacity, 76
offset by any collateral source payment paid or payable. In any 77
tort action brought against a lead agency, noneconomic damages 78
shall be limited to $400,000 per claim. A claim claims bill may 79
be brought on behalf of a claimant pursuant to s. 768.28 for any 80
amount exceeding the limits specified in this paragraph. Any 81
offset of collateral source payments made as of the date of the 82
settlement or judgment shall be in accordance with s. 768.76. 83
The lead agency is not liable in tort for the acts or omissions 84
of its subcontractors or the officers, agents, or employees of 85
its subcontractors. 86
(b) The liability of a lead agency described in this 87
section shall be exclusive and in place of all other liability 88
of such lead agency. The same immunities from liability enjoyed 89
by such lead agencies shall extend to each employee of the lead 90
agency if he or she is acting in furtherance of the lead 91
agency's business, including the transportation of clients 92
served, as described in this subsection, in privately owned 93
vehicles. Such immunities are not applicable to a lead agency or 94
an employee who acts in a culpably negligent manner or with 95
willful and wanton disregard or unprovoked physical aggression 96
if such acts result in injury or death or such acts proximately 97
cause such injury or death. Such immunities are not applicable 98
to employees of the same lead agency when each is operating in 99
the furtherance of the agency's business, but they are assigned 100
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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
primarily to unrelated work within private or public employment. 101
(c) The same immunity provisions enjoyed by a lead agency 102
also apply to any sole proprietor, partner, corporate officer or 103
director, supervisor, or other person who, in the course and 104
scope of his or her duties, acts in a managerial or policymaking 105
capacity and the conduct that caused the alleged injury arose 106
within the course and scope of those managerial or policymaking 107
duties. 108
(d) As used in this subsection and subsection (3), the 109
term "culpably negligent manner" means reckless indifference or 110
grossly careless disregard of human life. 111
(3) SUBCONTRACTOR LIABILITY.— 112
(a) A subcontractor of an eligible community-based care 113
lead agency that is a direct provider of foster care and related 114
services to children and families, and its employees or 115
officers, except as otherwise provided in paragraph (c), must, 116
as a part of its contract, obtain a minimum of $1 million per 117
occurrence with a policy period aggregate limit of $3 million in 118
general liability insurance coverage. The subcontractor of a 119
lead agency must also require that staff who transport client 120
children and families in their personal automobiles in order to 121
carry out their job responsibilities obtain minimum bodily 122
injury liability insurance in the amount of $100,000 per person 123
in any one automobile accident, and subject to such limits for 124
each person, $300,000 for all damages resulting from any one 125
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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
automobile accident, on their personal automobiles. In lieu of 126
personal motor vehicle insurance, the subcontractor's casualty, 127
liability, or motor vehicle insurance carrier may provide 128
nonowned automobile liability coverage. This insurance provides 129
liability insurance for automobiles that the subcontractor uses 130
in connection with the subcontractor's business but does not 131
own, lease, rent, or borrow. This coverage includes automobiles 132
owned by the employees of the subcontractor or a member of the 133
employee's household but only while the automobiles are used in 134
connection with the subcontractor's business. The nonowned 135
automobile coverage for the subcontractor applies as excess 136
coverage over any other collectible insurance. The personal 137
automobile policy for the employee of the subcontractor shall be 138
primary insurance, and the nonowned automobile coverage of the 139
subcontractor acts as excess insurance to the primary insurance. 140
The subcontractor shall provide a minimum limit of $1 million in 141
nonowned automobile coverage. In a tort action brought against a 142
such subcontractor of an eligible community-based care lead 143
agency that is a direct provider of foster care and related 144
services to children and families, or brought against an 145
employee of such subcontractor, net economic damages shall be 146
limited to $2 million per liability claim and $200,000 per 147
automobile claim, including, but not limited to, past and future 148
medical expenses, wage loss, and loss of earning capacity, 149
offset by any collateral source payment paid or payable. In a 150
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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
tort action brought against such subcontractor, noneconomic 151
damages shall be limited to $400,000 per claim. A claim claims 152
bill may be brought on behalf of a claimant pursuant to s. 153
768.28 for any amount exceeding the limits specified in this 154
paragraph. Any offset of collateral source payments made as of 155
the date of the settlement or judgment shall be in accordance 156
with s. 768.76. 157
(b) A subcontractor of a lead agency that is a direct 158
provider of foster care and related services is not liable for 159
the acts or omissions of the lead agency; the department; or the 160
officers, agents, or employees thereof. The limitation on 161
liability established in this paragraph applies to contracts 162
entered into or renewed after July 1, 2025. 163
(c) The liability of a subcontractor of a lead agency that 164
is a direct provider of foster care and related services as 165
described in this section is exclusive and in place of all other 166
liability of such provider. The same immunities from liability 167
enjoyed by such subcontractor provider extend to each employee 168
of the subcontractor when such employee is acting in furtherance 169
of the subcontractor's business, including the transportation of 170
clients served, as described in this subsection, in privately 171
owned vehicles. Such immunities are not applicable to a 172
subcontractor or an employee who acts in a culpably negligent 173
manner or with willful and wanton disregard or unprovoked 174
physical aggression if such acts result in injury or death or if 175
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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
such acts proximately cause such injury or death. Such 176
immunities are not applicable to employees of the same 177
subcontractor who are operating in the furtherance of the 178
subcontractor's business but are assigned primarily to unrelated 179
works within private or public employment. The same immunity 180
provisions enjoyed by a subcontractor also apply to any sole 181
proprietor, partner, corporate officer or director, supervisor, 182
or other person who, in the course and scope of his or her 183
duties, acts in a managerial or policymaking capacity and the 184
conduct that caused the alleged injury arose within the course 185
and scope of those managerial or policymaking duties. 186
(4) LIMITATIONS ON DAMAGES.—The Legislature is cognizant 187
of the increasing costs of goods and services each year and 188
recognizes that fixing a set amount of compensation has the 189
effect of a reduction in compensation each year. Accordingly, 190
the conditional limitations on damages in this section shall be 191
increased at the rate of 5 percent each year, prorated from July 192
1, 2014, to the date at which damages subject to such 193
limitations are awarded by final judgment or settlement. 194
Section 2. When determining liability limits for a claim 195
under this act, the limitations of liability in effect on the 196
date the claim accrues shall apply to the claim. 197
Section 3. This act shall take effect July 1, 2026. 198