Senate Bill 1996c1

    Florida Senate - 2000                           CS for SB 1996

    By the Committee on Regulated Industries and Senator Clary





    315-1881-00

  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 public agency, the agency may require in

19  a professional services contract with the design professional

20  that the design professional indemnify and hold harmless the

21  agency, and its officers and employees, from liabilities,

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

23  reasonable attorneys' fees, to the extent caused by the

24  negligence, recklessness, or intentionally wrongful conduct of

25  the design professional and other persons employed or utilized

26  by the design professional 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  client, its employees, officers, directors, or agents from any

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

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






    Florida Senate - 2000                           CS for SB 1996
    315-1881-00




  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.  Section 725.06, Florida Statutes, is

23  amended to read:

24         725.06  Construction contracts; limitation on

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

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

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

28  or appliance, including moving and excavating connected with

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

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

31  engineer, general contractor, subcontractor,

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






    Florida Senate - 2000                           CS for SB 1996
    315-1881-00




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

  2  thereof, wherein any party referred to herein obtains

  3  indemnification from liability for damages to persons or

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

  5  default of that party arising from the contract or its

  6  performance shall be void and unenforceable unless:

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

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

  9  project specifications or bid documents, if any, or

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

11  specific consideration to the indemnitor for the

12  indemnification that shall be provided for in his or her

13  contract and section of the project specifications or bid

14  documents, if any.

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

16  law.

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18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 1996

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21  The Committee Substitute for Senate Bill 1996 adds land
    surveyors, mappers, and landscape architects to the definition
22  of design professional. It narrows application of the bill to
    professional services contracts with public agencies.
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