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Senator Hargrett moved the following amendment:



                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Hargrett moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

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16  and insert:

17         Section 1.  Subsection (1) of section 337.19, Florida

18  Statutes, is amended to read:

19         337.19  Suits by and against department; limitation of

20  actions; forum.--

21         (1)  Suits at law and in equity may be brought and

22  maintained by and against the department on any contract claim

23  under contract for work done arising from the breach of an

24  express provision or an implied covenant of a written

25  agreement or a written directive issued by the department

26  pursuant to the written agreement. In any such suit, the

27  department and the contractor shall have all of the same

28  rights, obligations, remedies, and defenses as a private

29  person under a like contract, except that no liability may be

30  based on an oral modification of the written contract or

31  written directive. However, this section shall not be

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    5:49 PM   04/27/98                              s1426c1c-21m0a




                                                  SENATE AMENDMENT

    Bill No. CS for SB 1426

    Amendment No.    





 1  construed to in any way prohibit the department from limiting

 2  its liability or damages through provisions in its contracts.

 3  Notwithstanding anything to the contrary contained herein, no

 4  employee or agent of the department may be held personally

 5  liable to an extent greater than that under s. 768.28;

 6  provided, that no suit sounding in tort shall be maintained

 7  against the department.

 8         Section 2.  This act shall take effect July 1, 1998.

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11  ================ T I T L E   A M E N D M E N T ===============

12  And the title is amended as follows:

13         Delete everything before the enacting clause

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15  and insert:

16                      A bill to be entitled

17         An act relating to transportation; amending s.

18         337.19, F.S.; authorizing suits to be brought

19         against the department for the breach of an

20         expressed provision or an implied covenant;

21         providing that no liability may be based on an

22         oral modification of the written contract;

23         providing an effective date.

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    5:49 PM   04/27/98                              s1426c1c-21m0a