Florida Senate - 2014 SENATOR AMENDMENT Bill No. CS for CS for SB 1466 Ì678304%Î678304 LEGISLATIVE ACTION Senate . House . . . Floor: WD/2R . 04/28/2014 03:49 PM . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.