House Bill 1083

    Florida House of Representatives - 2000                HB 1083

        By Representative Bense






  1                      A bill to be entitled

  2         An act relating to professional services

  3         contracts; creating s. 725.08, F.S.; providing

  4         for indemnification in design professional

  5         contracts and voiding all others as being

  6         against public policy; providing definitions;

  7         providing for application; amending s. 725.06,

  8         F.S.; conforming to the act; providing an

  9         effective date.

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11  Be It Enacted by the Legislature of the State of Florida:

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13         Section 1.  Section 725.08, Florida Statutes, is

14  created to read:

15         725.08  Design professional contracts; limitation in

16  indemnification.--

17         (1)  If a design professional provides professional

18  services to or for a client, whether a public agency or

19  private entity, such client may require in a professional

20  services contract with the design professional that the design

21  professional indemnify and hold harmless the client, and its

22  officers and employees, from liabilities, damages, losses, and

23  costs, including, but not limited to, reasonable attorneys'

24  fees, to the extent caused by the negligence, recklessness, or

25  intentionally wrongful conduct of the design professional and

26  other persons employed or utilized by the design professional

27  in the performance of the contract.

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

29  a professional services contract may not require that the

30  design professional defend, indemnify, or hold harmless the

31  client, its employees, officers, directors, or agents from any

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1083

    725-111-00






  1  liability, damage, loss, claim, action, or proceeding, and any

  2  such contract provision will be void as against the public

  3  policy of this state.

  4         (3)  "Professional services contract" means a written

  5  or oral agreement relating to the planning, design,

  6  construction, administration, study, evaluation, consulting,

  7  or other professional and technical support services furnished

  8  in connection with any actual or proposed construction,

  9  improvement, alteration, repair, maintenance, operation,

10  management, relocation, demolition, excavation, or other

11  facility, land, air, water, or utility development or

12  improvement.

13         (4)  "Design professional" means an individual or

14  entity licensed by the state who holds a current certificate

15  of registration under chapter 481 to practice architecture or

16  under chapter 471 to practice engineering, and who enters into

17  a professional services contract.

18         (5)  This section does not affect contracts or

19  agreements entered into before the effective date of this

20  section.

21         Section 2.  Section 725.06, Florida Statutes, is

22  amended to read:

23         725.06  Construction contracts; limitation on

24  indemnification.--Any portion of any agreement or contract

25  for, or in connection with, any construction, alteration,

26  repair, or demolition of a building, structure, appurtenance,

27  or appliance, including moving and excavating connected with

28  it, or any guarantee of, or in connection with, any of them,

29  between an owner of real property and a an architect,

30  engineer, general contractor, subcontractor,

31  sub-subcontractor, or materialman, or between any combination

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1083

    725-111-00






  1  thereof, wherein any party referred to herein obtains

  2  indemnification from liability for damages to persons or

  3  property caused in whole or in part by any act, omission, or

  4  default of that party arising from the contract or its

  5  performance shall be void and unenforceable unless:

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

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

  8  project specifications or bid documents, if any, or

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

10  specific consideration to the indemnitor for the

11  indemnification that shall be provided for in his or her

12  contract and section of the project specifications or bid

13  documents, if any.

14         Section 3.  This act shall take effect upon becoming a

15  law.

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18                          HOUSE SUMMARY

19
      Provides for indemnification in described design
20    professional contracts. Defines a design professional as
      an individual or entity licensed by the state who holds a
21    current certificate of registration to practice
      architecture or engineering. See bill for details.
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