Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 286
       
       
       
       
       
       
                                Barcode 428046                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/07/2013           .                                
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       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Substitute for Amendment (519266) (with title
    2  amendment)
    3  
    4  
    5         Delete lines 18 - 52
    6  and insert:
    7         Section 1. Section 558.0035, Florida Statutes, is created
    8  to read:
    9         558.0035 Design professionals; contractual limitation on
   10  liability.—
   11         (1) A design professional employed by a business entity or
   12  an agent of the business entity is not individually liable for
   13  damages resulting from negligence occurring within the course
   14  and scope of a professional services contract if:
   15         (a) The contract is made between the business entity and a
   16  claimant or with another entity for the provision of
   17  professional services to the claimant;
   18         (b) The contract does not name as a party to the contract
   19  the individual employee or agent who will perform the
   20  professional services;
   21         (c) The contract includes a prominent statement, in
   22  uppercase font that is at least 5 point sizes larger than the
   23  rest of the text, that, pursuant to this section, an individual
   24  employee or agent may not be held individually liable for
   25  negligence;
   26         (d) The business entity maintains any professional
   27  liability insurance required under the contract; and
   28         (e) Any damages are solely economic in nature and the
   29  damages do not extend to personal injuries or property not
   30  subject to the contract.
   31         (2) As used in this section, the term “business entity”
   32  means any corporation, limited liability company, partnership,
   33  limited partnership, proprietorship, firm, enterprise,
   34  franchise, association, self-employed individual, or trust,
   35  whether fictitiously named or not, doing business in this state.
   36  
   37  ================= T I T L E  A M E N D M E N T ================
   38         And the title is amended as follows:
   39         Delete lines 2 - 11
   40  and insert:
   41         An act relating to design professionals; creating s.
   42         558.0035, F.S.; specifying conditions under which a
   43         design professional employed by a business entity or
   44         an agent of the business entity may not be held
   45         individually liable for damages resulting from
   46         negligence occurring within the course and scope of a
   47         professional services contract; defining the term
   48         “business entity”;