Senate Bill sb1138c2

    Florida Senate - 2003                    CS for CS for SB 1138

    By the Committees on Appropriations; Governmental Oversight
    and Productivity; and Senator Clary




    309-2445-03

  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 CS for SB 1138
    309-2445-03




 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 department for any liability, including reasonable

 8  attorney's fees, incurred up to the limits set out in this

 9  chapter to the extent caused by the negligence of the firm or

10  its employees. This paragraph shall not be construed as

11  designating persons who provide monitoring and inspection

12  services as employees or agents of the state for purposes of

13  chapter 440. This paragraph is not applicable to the

14  professional firm or its employees if involved in an accident

15  while operating a motor vehicle. This paragraph is not

16  applicable to a firm engaged by the Department of

17  Transportation for the design or construction of a state

18  roadway, bridge, or other transportation facility construction

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

20         Section 2.  This act shall take effect upon becoming a

21  law.

22  

23          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
24                          CS for SB 1138

25                                 

26  The committee substitute limits the potential costs associated
    with lawsuits between the Department of Transportation and its
27  designated agents. Attorney fees may be recovered by the
    department when it has been determined that negligence
28  occurred by designated agents.

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