House Bill 1083e2

                                      CS/HB 1083, Second Engrossed



  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; providing an

  8         effective date.

  9

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

11

12         Section 1.  Section 725.08, Florida Statutes, is

13  created to read:

14         725.08  Design professional contracts; limitation in

15  indemnification.--

16         (1)  Notwithstanding the provisions of s. 725.06, if a

17  design professional provides professional services to or for a

18  public agency, the agency may require in a professional

19  services contract with the design professional that the design

20  professional indemnify and hold harmless the agency, and its

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

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

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

24  intentionally wrongful conduct of the design professional and

25  other persons employed or utilized by the design professional

26  in the performance of the contract.

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

28  a professional services contract may not require that the

29  design professional defend, indemnify, or hold harmless the

30  agency, its employees, officers, directors, or agents from any

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


                                  1

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






                                      CS/HB 1083, Second Engrossed



  1  such contract provision will be void as against the public

  2  policy of this state.

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

  4  or oral agreement relating to the planning, design,

  5  construction, administration, study, evaluation, consulting,

  6  or other professional and technical support services furnished

  7  in connection with any actual or proposed construction,

  8  improvement, alteration, repair, maintenance, operation,

  9  management, relocation, demolition, excavation, or other

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

11  improvement.

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

13  entity licensed by the state who holds a current certificate

14  of registration under chapter 481 to practice architecture or

15  landscape architecture, under chapter 472 to practice land

16  surveying and mapping, or under chapter 471 to practice

17  engineering, and who enters into a professional services

18  contract.

19         (5)  This section does not affect contracts or

20  agreements entered into before the effective date of this

21  section.

22         Section 2.  This act shall take effect upon becoming a

23  law.

24

25

26

27

28

29

30

31


                                  2