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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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