SENATE AMENDMENT

    Bill No. CS for SB 1064

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Mitchell moved the following amendment to amendment

12  (054848):

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14         Senate Amendment (with title amendment) 

15         On page 29, between lines 6 and 7,

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17  insert:

18         Section 23.  Section 725.06, Florida Statutes, is

19  amended to read:

20         725.06  Construction contracts; limitation on

21  indemnification.

22         (1)  A construction contract may require a party to

23  that contract to indemnify and hold harmless the other party

24  to the contract, their officers and employees, from

25  liabilities, damages, losses and costs, including, but not

26  limited to reasonable attorney's fees, to the extent caused by

27  the negligence, recklessness or intentional wrongful

28  misconduct of the indemnifying party and persons employed or

29  utilized by the indemnifying party in the performance of the

30  construction contract.

31         (2)  Except as specifically provided in subsection (1),

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1064

    Amendment No.    





 1  a construction contract may not require one party to indemnify

 2  the other party, its employees, officers, directors, or agents

 3  from any liability, damage, loss, claim, action, or

 4  proceeding, and any such contract provision is void as against

 5  public policy of this state.

 6         Any portion of any agreement or contract for, or in

 7  connection with, any construction, alteration, repair, or

 8  demolition of a building, structure, appurtenance, or

 9  appliance, including moving and excavating connected with it,

10  or any guarantee of, or in connection with, any of them,

11  between an owner of real property and an architect, engineer,

12  general contractor, subcontractor, sub-subcontractor, or

13  materialman, or between any combination thereof, wherein any

14  party referred to herein obtains indemnification from

15  liability for damages to persons or property caused in whole

16  or in part by any act, omission, or default of that party

17  arising from the contract or its performance shall be void and

18  unenforceable unless:

19         (1)  The contract contains a monetary limitation on the

20  extent of the indemnification and shall be a part of the

21  project specifications or bid documents, if any, or

22         (2)  The person indemnified by the contract gives a

23  specific consideration to the indemnitor for the

24  indemnification that shall be provided for in his or her

25  contract and section of the project specifications or bid

26  documents, if any.

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28  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 1064

    Amendment No.    





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

 2  And the title is amended as follows:

 3         On page 43, line 10, after the second semicolon,

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 5  insert:

 6         amending s. 725.06, F.S.; providing for

 7         indemnification in construction contracts and

 8         voiding all others as being against public

 9         policy;

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