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Ms. Kimberly J. Tucker, General Counsel Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, Florida 32399-0700

Dear Ms. Tucker:

You ask the following question:

Is a member of a Health and Human Services Board an "officer, employee, or agent of the state or of any of its subdivisions" for purposes of the waiver of sovereign immunity contained in section768.28(9)(a), Florida Statutes?

In sum:

A member of a Health and Human Services Board is an "officer, employee, or agent of the state or of any of its subdivisions" for purposes of the waiver of immunity contained in…