SENATE AMENDMENT
    Bill No. SB 1138
    Amendment No. 1   Barcode 114400
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  The Committee on Regulated Industries recommended the
12  following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraphs (e) and (f) are added to
19  subsection (10) of section 768.28, Florida Statutes, to read:
20         768.28  Waiver of sovereign immunity in tort actions;
21  recovery limits; limitation on attorney fees; statute of
22  limitations; exclusions; indemnification; risk management
23  programs.--
24         (10)
25         (e)  Professional firms or their employees hired by the
26  state Department Transportation to perform monitoring and
27  inspection of the work required for the construction of
28  roadways, bridges and other transportation facilities to
29  ensure the project is constructed in conformity with the
30  plans, specifications and contract provisions.  Any contract
31  by the agent with the state must provide for the
                                  1
    9:11 AM   03/21/03                                 s1138.ri.01


                                                  SENATE AMENDMENT
    Bill No. SB 1138
    Amendment No. 1   Barcode 114400
 1  indemnification of the state.
 2         (f)  Except for s. 440.09, this subsection shall not be
 3  construed as designating persons providing construction
 4  engineering and inspection services as employees or agents of
 5  the state for the purposes of chapter 440.
 6         Section 2.  This act shall take effect upon becoming a
 7  law.
 8  
 9  
10  ================ T I T L E   A M E N D M E N T ===============
11  And the title is amended as follows:
12         Delete everything before the enacting clause
13  
14  and insert:
15                      A bill to be entitled
16         An act relating to construction engineering and
17         inspection services; amending s. 768.28, F.S.;
18         providing that professional firms that have
19         been hired by the Department of Transportation
20         to perform monitoring and inspection services
21         are agents of the state with respect to
22         sovereign immunity; providing for
23         indemnification; providing that such agents are
24         not agents of the state for purposes of chapter
25         440; providing an effective date.
26  
27  
28  
29  
30  
31  
                                  2
    9:11 AM   03/21/03                                 s1138.ri.01