Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 242
       
       
       
       
       
       
                                Barcode 270236                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/02/2013           .                                
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       The Committee on Banking and Insurance (Richter) recommended the
       following:
       
    1         Senate Amendment to Amendment (263352) 
    2  
    3         Delete lines 476 - 488
    4  and insert:
    5         (b) The liability of the members, officers, executive
    6  director, employees, and representatives of the commission
    7  acting within the scope of such persons’ employment or duties,
    8  for acts, errors, or omissions occurring within this state, may
    9  not exceed the limits of liability set forth under the
   10  constitution and laws of this state for state officials,
   11  employees, and agents. The commission is an instrumentality of
   12  the state for the purposes of any such action. This subsection
   13  does not protect such persons from suit or liability for damage,
   14  loss, injury, or liability caused by a criminal act or the
   15  intentional or willful and wanton misconduct of such person.
   16         (c) The commission shall defend any member, officer,
   17  executive director, employee, or representative of the
   18  commission in any civil action seeking to impose liability
   19  arising out of any actual or alleged act, error, or omission
   20  that occurred within the scope of commission employment, duties,
   21  or responsibilities, or where the person against whom the claim
   22  is made has a reasonable basis for believing occurred within the
   23  scope of commission employment, duties, or responsibilities if
   24  the actual or alleged act, error, or omission did not result
   25  from that person’s intentional or willful and wanton misconduct.
   26  This article does not prohibit that person from retaining his or
   27  her own counsel.
   28         (d) The commission shall indemnify and hold harmless any