Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 582 Ì853344(Î853344 LEGISLATIVE ACTION Senate . House Comm: RS . 03/23/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Regulated Industries (Latvala) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Subsection (8) is added to section 381.0011, 6 Florida Statutes, to read: 7 381.0011 Duties and powers of the Department of Health.—It 8 is the duty of the Department of Health to: 9 (8) For the boards under its jurisdiction, indemnify, 10 defend, and hold harmless all current and former board members, 11 and any companies or businesses in which they have or had an 12 equity interest or in which they serve or served as employees, 13 directors, officers, or representatives, from all claims, 14 actions, demands, suits, and investigations against, and damages 15 and liabilities incurred by, any board member in connection with 16 any action or inaction by a current or former board member in 17 the course and conduct of his or her service. However, this 18 subsection applies only if, in such action or inaction in the 19 course and conduct of his or her service, the current or former 20 board member acted in good faith and in a manner that he or she 21 reasonably believed to be in conformity with, or not contrary 22 to, the laws of this state and the United States. 23 Section 2. Subsection (11) is added to section 455.203, 24 Florida Statutes, to read: 25 455.203 Department; powers and duties.—The department, for 26 the boards under its jurisdiction, shall: 27 (11) Indemnify, defend, and hold harmless all current and 28 former board members, and any companies or businesses in which 29 they have or had an equity interest or in which they serve or 30 served as employees, directors, officers, or representatives, 31 from all claims, actions, demands, suits, and investigations 32 against, and damages and liabilities incurred by, any board 33 member in connection with any action or inaction by a current or 34 former board member in the course and conduct of his or her 35 service. However, this subsection applies only if, in such 36 action or inaction in the course and conduct of his or her 37 service, the current or former board member acted in good faith 38 and in a manner that he or she reasonably believed to be in 39 conformity with, or not contrary to, the laws of this state and 40 the United States. 41 Section 3. Paragraph (e) is added to subsection (7) of 42 section 497.103, Florida Statutes, to read: 43 497.103 Authority of board and department; Chief Financial 44 Officer recommendations.— 45 (7) ACTIONS BY BOARD AND DEPARTMENT.— 46 (e) The department shall indemnify, defend, and hold 47 harmless all current and former board members, and any companies 48 or businesses in which they have or had an equity interest or in 49 which they serve or served as employees, directors, officers, or 50 representatives, from all claims, actions, demands, suits, and 51 investigations against, and damages and liabilities incurred by, 52 any board member in connection with any action or inaction by a 53 current or former board member in the course and conduct of his 54 or her service. However, this paragraph applies only if, in such 55 action or inaction in the course and conduct of his or her 56 service, the current or former board member acted in good faith 57 and in a manner that he or she reasonably believed to be in 58 conformity with, or not contrary to, the laws of this state and 59 the United States. 60 Section 4. This act shall take effect upon becoming a law. 61 62 ================= T I T L E A M E N D M E N T ================ 63 And the title is amended as follows: 64 Delete everything before the enacting clause 65 and insert: 66 A bill to be entitled 67 An act relating to regulatory boards; amending ss. 68 381.0011, 455.203, and 497.103, F.S.; requiring the 69 Department of Health, the Department of Business and 70 Professional Regulation, and the Department of 71 Financial Services, respectively, to indemnify, 72 defend, and hold harmless from claims, actions, 73 demands, suits, investigations, damages, and 74 liabilities all current and former board members and 75 any companies or businesses with which they have or 76 had specified affiliations, but only if their service 77 meets a specified requirement; providing an effective 78 date.