Florida Senate - 2014                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 1466
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             04/28/2014 03:49 PM       .                                
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       Senator Lee moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 69 - 87
    4  and insert:
    5         Section 2. Section 468.4334, Florida Statutes, is created
    6  to read:
    7         468.4334 Professional practice standards; liability.—
    8         (1) A community association manager or a community
    9  association management firm is deemed to act as agent on behalf
   10  of a community association as principal within the scope of
   11  authority granted by a written contract or allowed under this
   12  chapter. A community association manager and a community
   13  association management firm shall discharge duties performed on
   14  behalf of the association as authorized by this chapter loyally,
   15  skillfully, and diligently; dealing honestly and fairly; in good
   16  faith; with care and full disclosure to the community
   17  association; and accounting for all funds.
   18         (2)(a) A contract between a community association and a
   19  community association manager or a contract between a community
   20  association and a community association management firm may
   21  provide that the community association indemnifies and holds
   22  harmless the community association manager or the community
   23  association management firm from liability for ordinary
   24  negligence resulting from the manager or management firm’s act
   25  or omission when acting in his, her, or its capacity as agent of
   26  the community association. This paragraph does not preclude any
   27  other negotiated indemnity or hold-harmless provision.
   28         (b) Indemnification under paragraph (a) may not cover any
   29  act or omission that violates criminal law; derives an improper
   30  personal benefit, either directly or indirectly; is grossly
   31  negligent; or is reckless, is in bad faith, is with malicious
   32  purpose, or exhibits wanton and willful disregard of human
   33  rights, safety, or property.
   34  
   35  ================= T I T L E  A M E N D M E N T ================
   36  And the title is amended as follows:
   37         Delete lines 5 - 8
   38  and insert:
   39         providing powers and duties of community association
   40         managers and community association management firms as
   41         agents of a community association; providing for
   42         liability of community association managers and
   43         community association management firms; amending s.