Senate Bill sb1138c1

    Florida Senate - 2003                           CS for SB 1138

    By the Committee on Governmental Oversight and Productivity;
    and Senator Clary




    302-2145-03

  1                      A bill to be entitled

  2         An act relating to construction monitoring and

  3         inspection services; amending s. 768.28, F.S.;

  4         providing that professional firms under

  5         contract with the Department of Transportation

  6         to provide specified construction monitoring

  7         and inspection services are agents of the state

  8         for purposes of sovereign immunity; providing

  9         for indemnification; providing that such agents

10         are not employees or agents of the state for

11         purposes of chapter 440, F.S.; providing that

12         the act does not apply to such a firm or its

13         employees if an accident occurs while an

14         employee is operating a vehicle or to a firm

15         providing design or construction services;

16         providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Paragraph (e) is added to subsection (10)

21  of section 768.28, Florida Statutes, to read:

22         768.28  Waiver of sovereign immunity in tort actions;

23  recovery limits; limitation on attorney fees; statute of

24  limitations; exclusions; indemnification; risk management

25  programs.--

26         (10)

27         (e)  For purposes of this section, a professional firm

28  that provides monitoring and inspection services of the work

29  required for state roadway, bridge, or other transportation

30  facility construction projects, or any of the firm's employees

31  performing such services, shall be considered agents of the

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






    Florida Senate - 2003                           CS for SB 1138
    302-2145-03




 1  Department of Transportation while acting within the scope of

 2  the firm's contract with the Department of Transportation to

 3  ensure that the project is constructed in conformity with the

 4  project's plans, specifications, and contract provisions. Any

 5  contract between the professional firm and the state, to the

 6  extent permitted by law, shall provide for the indemnification

 7  of the state by the agent for any liabilities incurred up to

 8  the limits set out in this chapter. This paragraph shall not

 9  be construed as designating persons who provide monitoring and

10  inspection services as employees or agents of the state for

11  purposes of chapter 440. This paragraph is not applicable to

12  the professional firm or its employees if involved in an

13  accident while operating a motor vehicle. This paragraph is

14  not applicable to a firm engaged by the Department of

15  Transportation for the design or construction of a state

16  roadway, bridge, or other transportation facility construction

17  project or to its employees, agents, or subcontractors.

18         Section 2.  This act shall take effect upon becoming

19  law.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 1138

23                                 

24  Provides that professional firms, which supply monitoring and
    inspection services to the Department of Transportation, shall
25  be considered agents in specified circumstances for purposes
    of sovereign immunity. Requires agents to indemnify the
26  department. Clarifies that agent status does not apply in
    context of ch. 440, F.S. Provides that paragraph does not
27  apply to the agents if involved in an accident when operating
    a motor vehicle or to firms providing design or construction
28  services.

29  

30  

31  

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