CODING: Words stricken are deletions; words underlined are additions.
SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 17, between lines 9 and 10,
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17 insert:
18 Section 19. Subsection (2) of section 455.209, Florida
19 Statutes, is amended to read:
20 455.209 Accountability and liability of board
21 members.--
22 (2) Each board member and each former board member
23 serving on a probable cause panel shall be exempt from civil
24 liability for any act or omission when acting in the member's
25 official capacity, and the board, through its legal counsel
26 department, or the Department of Legal Affairs shall defend
27 any such member in any action against any board or member of
28 a board arising from any such act or omission. In addition,
29 board, through its legal counsel department or the Department
30 of Legal Affairs may defend the member's company or business
31 in any action against the company or business if the board
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
1 department or the Department of Legal Affairs determines that
2 the actions from which the suit arises are actions taken by
3 the member in the member's official capacity and were not
4 beyond the member's statutory authority. In providing such
5 defense, the board department or the Department of Legal
6 Affairs may employ or utilize additional the legal services
7 pursuant to s. 287.059 of outside counsel. Fees and costs of
8 such counsel by the Department of Legal Affairs or independent
9 legal counsel approved pursuant to s. 287.059, F.S., shall be
10 paid from the Professional Regulation Trust Fund, subject to
11 the provisions of ss. 455.219 and 215.37, F.S.
12 Section 20. Paragraphs (a) and (b) of subsection (1)
13 of section 455.221, Florida Statutes, are created to read:
14 455.221 Legal and investigative services.--
15 (1) A board shall retain, through the department's
16 contract procedures, board counsel from the Department of
17 Legal Affairs. The Department of Legal Affairs shall provide
18 legal services to each board within the Department of Business
19 and Professional Regulation, but the primary responsibility of
20 the Department of Legal Affairs shall be to represent the
21 interests of the citizens of the state by vigorously
22 counseling the boards with respect to their obligations under
23 the laws of the state. A board shall provide for the periodic
24 review and evaluation of the services provided by its board
25 counsel. Subject to the prior approval of the Attorney
26 General, any board may retain, through the department's
27 contract procedures, independent legal counsel to provide
28 legal advice to the board on a specific matter. Fees and costs
29 of such counsel by the Department of Legal Affairs or
30 independent legal counsel approved by the Attorney General
31 shall be paid from the Professional Regulation Trust Fund. All
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
1 contracts for independent counsel shall provide for periodic
2 review and evaluation by the board and the department of
3 services provided.
4 (a) If the Attorney General agrees to represent a
5 board, that board shall retain board counsel from the
6 Department of Legal Affairs. In the event the Attorney General
7 declines to provide legal representation to that board either
8 generally or as to a specific matter, then, subject to the
9 provisions of s. 287.059, F.S., the board may retain
10 independent legal counsel to provide legal representation to
11 the board generally or as to the specific matter, as
12 authorized. When the Department of Legal Affairs or
13 independent legal counsel contracts to provide legal services
14 to the boards as set forth herein, the primary responsibility
15 of counsel shall be to represent the interests of the citizens
16 of the state. A board shall provide for the periodic review
17 and evaluation of the services provided by its board counsel.
18 (b) Fees and costs of such counsel by the Department
19 of Legal Affairs or independent legal counsel approved
20 pursuant to s. 287.059, F.S., shall be paid from the
21 Professional Regulation Trust Fund, subject to the provisions
22 of ss. 455.219 and 215.37, F.S.
23 Section 21. Paragraphs (a) and (b) of subsection (1)
24 of section 455.594, Florida Statutes, are created to read:
25 455.594 Legal and investigative services.--
26 (1) A board shall retain, through the department's
27 contract procedures, board counsel from the Department of
28 Legal Affairs. The Department of Legal Affairs shall provide
29 legal services to each board within the Department of Health,
30 but the primary responsibility of the Department of Legal
31 Affairs shall be to represent the interests of the citizens of
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
1 the state by vigorously counseling the boards with respect to
2 their obligations under the laws of the state. A board shall
3 provide for the periodic review and evaluation of the services
4 provided by its board counsel. Subject to the prior approval
5 of the Attorney General, any board may retain, through the
6 department's contract procedures, independent legal counsel to
7 provide legal advice to the board on a specific matter. Fees
8 and costs of such counsel by the Department of Legal Affairs
9 or independent legal counsel approved by the Attorney General
10 shall be paid from a trust fund used by the department to
11 implement this part. All contracts for independent counsel
12 shall provide for periodic review and evaluation by the board
13 and the department of services provided.
14 (a) If the Attorney General agrees to represent a
15 board, that board shall retain board counsel from the
16 Department of Legal Affairs. In the event the Attorney General
17 declines to provide legal representation to the board either
18 generally or as to a specific matter, then, subject to the
19 provisions of s. 287.059, F.S., the board may retain
20 independent legal counsel to provide legal representation to
21 the board generally or as to the specific matter, as
22 authorized. When the Department of Legal Affairs or
23 independent legal counsel contracts to provide legal services
24 to the boards as set forth herein, the primary responsibility
25 of counsel shall be to represent the interests of the citizens
26 of the state. A board shall provide for the periodic review
27 and evaluation of the services provided by its board counsel.
28 (b) Fees and costs of such counsel by the Department
29 of Legal Affairs or independent legal counsel approved
30 pursuant to s. 287.059, F.S., shall be paid from a trust fund
31 used by the Department to implement this part.
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
1 Section 22. Subsection (2) of section 455.541, Florida
2 Statutes, is amended to read:
3 455.541 Accountability and liability of board
4 members.--
5 (2) Each board member and each former board member
6 serving on a probable cause panel shall be exempt from civil
7 liability for any act or omission when acting in the member's
8 official capacity, and the board, through its legal counsel
9 department or the Department of Legal Affairs shall defend any
10 such member in any action against any board or member of a
11 board arising from any such act or omission. In addition, the
12 board, through its legal counsel department or the Department
13 of Legal Affairs may defend the member's company or business
14 in any action against the company or business if the board
15 department or the Department of Legal Affairs determines that
16 the actions from which the suit arises are actions taken by
17 the member in the member's official capacity and were not
18 beyond the member's statutory authority. In providing such
19 defense, the board department or the Department of Legal
20 Affairs may employ or utilize additional the legal services
21 pursuant to s. 287.059 of outside counsel. Fees and costs of
22 such counsel by the Department of Legal Affairs or independent
23 legal counsel approved pursuant to s. 287.059, F.S., shall be
24 paid from a trust fund used by the Department to implement
25 this part.
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27 (Redesignate subsequent sections.)
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30 ================ T I T L E A M E N D M E N T ===============
31 And the title is amended as follows:
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SENATE AMENDMENT
Bill No. CS for SB 2448
Amendment No. 3
1 On page 3, line 10, after the semicolon
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3 insert:
4 amending s. 455,209, F.S., eliminating a
5 requirement for a board to contract for legal
6 services with the Department of Legal Affairs;
7 amending s. 455.221, F.S.; providing that if
8 the Department of Legal Affairs does not
9 provide counsel to a board that a board may
10 retain independent legal counsel; amending s.
11 455.594, F.S., providing that if the Department
12 of Legal Affairs does not provide counsel to a
13 board that the board may retain independent
14 legal counsel; amending s. 455.541, F.S.,
15 eliminating a requirement for a board to
16 contract for legal services with the Department
17 of Legal Affairs;
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