Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 206
       
       
       
       
       
       
                                Ì574270ÊÎ574270                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             04/27/2017 11:23 AM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 483 and 484
    4  insert:
    5         Section 10. Section 732.528, Florida Statutes, is created
    6  to read:
    7         732.528 Liability coverage; receivership of qualified
    8  custodians.—
    9         (1) A qualified custodian shall:
   10         (a) Post and maintain a blanket surety bond of at least
   11  $250,000 to secure the faithful performance of all duties and
   12  obligations required under this act. The bond must be made
   13  payable to the Governor and his or her successors in office for
   14  the benefit of all persons who store electronic records with a
   15  qualified custodian and their estates, beneficiaries,
   16  successors, and heirs and be conditioned on the faithful
   17  performance of all duties and obligations under this act. The
   18  terms of the bond must cover the acts or omissions of the
   19  qualified custodian and each agent or employee of the qualified
   20  custodian; or
   21         (b) Maintain a liability insurance policy that covers any
   22  losses sustained by any person who stores electronic records
   23  with a qualified custodian and their estates, beneficiaries,
   24  successors, and heirs which are caused by errors or omissions by
   25  the qualified custodian and each agent or employee of the
   26  qualified custodian. The policy must cover losses of up to at
   27  least $250,000 in the aggregate.
   28         (2) The Attorney General may petition a court of competent
   29  jurisdiction for the appointment of a receiver to manage the
   30  electronic records of a qualified custodian for proper delivery
   31  and safekeeping if any of the following conditions exist:
   32         (a) The qualified custodian is ceasing operation.
   33         (b) The qualified custodian intends to close the facility
   34  and adequate arrangements have not been made for proper delivery
   35  of the electronic records in accordance with this act.
   36         (c) The Attorney General determines that conditions exist
   37  which present a danger that electronic records will be lost or
   38  misappropriated.
   39         (d) The qualified custodian fails to maintain and post a
   40  surety bond or maintain insurance required by this section.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Between lines 55 and 56
   45  insert:
   46         732.528, F.S.; requiring a qualified custodian to post
   47         and maintain a blanket surety bond, subject to certain
   48         requirements, or to maintain a certain liability
   49         insurance policy; authorizing the Attorney General to
   50         petition a court for the appointment of a receiver to
   51         manage certain records under certain conditions;
   52         amending s.