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.