HOUSE AMENDMENT
781-112AXD-32 Bill No. HB 613
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Mahon offered the following:
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13 Amendment to Amendment (343015) (with title amendment)
14 On page 13, line 28, through page 14, line 24, of the
15 amendment,
16 remove from the bill: all of said lines,
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18 and insert in lieu thereof:
19 Section 10. Section 725.06, Florida Statutes, is
20 amended to read:
21 725.06 Construction contracts; limitation on
22 indemnification.--
23 (1) Any portion of any agreement or contract for or in
24 connection with, or any guarantee of or in connection with,
25 any construction, alteration, repair, or demolition of a
26 building, structure, appurtenance, or appliance, including
27 moving and excavating associated therewith, between an owner
28 of real property and an architect, engineer, general
29 contractor, subcontractor, sub-subcontractor, or materialman
30 or any combination thereof wherein any party referred to
31 herein promises to indemnify or hold harmless the other party
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File original & 9 copies 04/27/01
hbd0022 08:51 am 00613-0016-710169
HOUSE AMENDMENT
781-112AXD-32 Bill No. HB 613
Amendment No. ___ (for drafter's use only)
1 to the agreement, contract, or guarantee for liability for
2 damages to persons or property caused in whole or in part by
3 any act, omission, or default of the indemnitee arising from
4 the contract or its performance, shall be void and
5 unenforceable unless the contract contains a monetary
6 limitation on the extent of the indemnification that bears a
7 reasonable commercial relationship to the contract and is part
8 of the project specifications or bid documents, if any.
9 Notwithstanding the foregoing, the monetary limitation on the
10 extent of the indemnification provided to the owner of real
11 property by any party in privity of contract with such owner
12 shall not be less than $1 million per occurrence, unless
13 otherwise agreed by the parties. Indemnification provisions in
14 any such agreements, contracts, or guarantees may not require
15 that the indemnitor indemnify the indemnitee for damages to
16 persons or property caused in whole or in part by any act,
17 omission, or default of a party other than:
18 (a) The indemnitor;
19 (b) Any of the indemnitor's contractors,
20 subcontractors, sub-subcontractors, materialmen, or agents of
21 any tier or their respective employees; or
22 (c) The indemnitee or its officers, directors, agents,
23 or employees. However, such indemnification shall not include
24 claims of, or damages resulting from, gross negligence, or
25 willful, wanton or intentional misconduct of the indemnitee or
26 its officers, directors, agents or employees, or for statutory
27 violation or punitive damages except and to the extent the
28 statutory violation or punitive damages are caused by or
29 result from the acts or omissions of the indemnitor or any of
30 the indemnitor's contractors, subcontractors,
31 sub-subcontractors, materialmen, or agents of any tier or
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File original & 9 copies 04/27/01
hbd0022 08:51 am 00613-0016-710169
HOUSE AMENDMENT
781-112AXD-32 Bill No. HB 613
Amendment No. ___ (for drafter's use only)
1 their respective employees.
2 (2)(1) A construction contract for a public agency or
3 in connection with a public agency's project may require a
4 party to that contract to indemnify and hold harmless the
5 other party to the contract, their officers and employees,
6 from liabilities, damages, losses and costs, including, but
7 not limited to, reasonable attorney's fees, to the extent
8 caused by the negligence, recklessness, or intentional
9 wrongful misconduct of the indemnifying party and persons
10 employed or utilized by the indemnifying party in the
11 performance of the construction contract.
12 (3)(2) Except as specifically provided in subsection
13 (2) (1), a construction contract for a public agency or in
14 connection with a public agency's project may not require one
15 party to indemnify, defend, or hold harmless the other party,
16 its employees, officers, directors, or agents from any
17 liability, damage, loss, claim, action, or proceeding, and any
18 such contract provision is void as against public policy of
19 this state.
20 (4) This section does not affect any contracts,
21 agreements, or guarantees entered into before the effective
22 date of this section or any renewals thereof.
23 Section 11. Subsection (2) of section 725.08, Florida
24 Statutes, is amended to read:
25 725.08 Design professional contracts; limitation in
26 indemnification.--
27 (2) Except as specifically provided in subsection (1),
28 a professional services contract entered into with a public
29 agency may not require that the design professional defend,
30 indemnify, or hold harmless the agency, its employees,
31 officers, directors, or agents from any liability, damage,
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File original & 9 copies 04/27/01
hbd0022 08:51 am 00613-0016-710169
HOUSE AMENDMENT
781-112AXD-32 Bill No. HB 613
Amendment No. ___ (for drafter's use only)
1 loss, claim, action, or proceeding, and any such contract
2 provision shall will be void as against the public policy of
3 this state.
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7 And the title is amended as follows:
8 On page 16, lines 4-7, of the amendment,
9 remove from the amendment: all of said lines,
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11 and insert in lieu thereof:
12 amending s. 725.06, F.S.; revising
13 indemnification and hold harmless restrictions
14 for certain construction agreements, contracts,
15 or guarantees; providing application; amending
16 s. 725.08, F.S.; revising indemnification and
17 hold harmless restrictions for certain
18 professional services contracts; repealing s.
19 713.18(3),
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File original & 9 copies 04/27/01
hbd0022 08:51 am 00613-0016-710169