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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 04 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Brown and J. Miller offered the following:

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13         Amendment (with title amendment) 

14         On page 24, line 19 of the bill

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16  insert:

17         Section 19.  Section 725.06, Florida Statutes, is

18  amended to read:

19         725.06  Construction contracts; limitation on

20  indemnification.

21         (1)  A construction contract may require the parties to

22  that contract to indemnify and hold harmless other parties to

23  the contract, their officers and employees, from liabilities,

24  damages, losses and costs, including, but not limited to

25  reasonable attorney's fees, to the extent caused by the

26  negligence, recklessness or intentional wrongful misconduct of

27  the indemnifying party and persons employed or utilized by the

28  indemnifying party in the performance of the construction

29  contract.

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

31  a construction contract may not require one party to indemnify

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    File original & 9 copies    04/24/00
    hrr0004                     08:30 pm         01109-0069-204295




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 04 (for drafter's use only)





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

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

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

 4  public policy of this state.

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

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

 7  demolition of a building, structure, appurtenance, or

 8  appliance, including moving and excavating connected with it,

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

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

11  general contractor, subcontractor, sub-subcontractor, or

12  materialman, or between any combination thereof, wherein any

13  party referred to herein obtains indemnification from

14  liability for damages to persons or property caused in whole

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

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

17  unenforceable unless:

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

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

20  project specifications or bid documents, if any, or

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

22  specific consideration to the indemnitor for the

23  indemnification that shall be provided for in his or her

24  contract and section of the project specifications or bid

25  documents, if any.

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

29  And the title is amended as follows:

30         On page 1, line 17 after the ";"

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    File original & 9 copies    04/24/00
    hrr0004                     08:30 pm         01109-0069-204295




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 1109

    Amendment No. 04 (for drafter's use only)





 1  insert:

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

 3         indemnification in construction contracts and

 4         voiding all others as being against public

 5         policy;

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    File original & 9 copies    04/24/00
    hrr0004                     08:30 pm         01109-0069-204295