SENATE AMENDMENT
    Bill No. CS for CS for SB 2658
    Amendment No. ___   Barcode 032234
                            CHAMBER ACTION
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11  Senator Clary moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 99, between lines 23 and 24,
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16  insert:  
17         Section 49.  Paragraph (e) is added to subsection (10)
18  of section 768.28, Florida Statutes, to read:
19         768.28  Waiver of sovereign immunity in tort actions;
20  recovery limits; limitation on attorney fees; statute of
21  limitations; exclusions; indemnification; risk management
22  programs.--
23         (10)
24         (e)  For purposes of this section, a professional firm
25  that provides monitoring and inspection services of the work
26  required for state roadway, bridge, or other transportation
27  facility construction projects, or any of the firm's employees
28  performing such services, shall be considered agents of the
29  Department of Transportation while acting within the scope of
30  the firm's contract with the Department of Transportation to
31  ensure that the project is constructed in conformity with the
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    11:23 AM   05/02/03                             s2658c2c-0410a

SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 032234 1 project's plans, specifications, and contract provisions. Any 2 contract between the professional firm and the state, to the 3 extent permitted by law, shall provide for the indemnification 4 of the department for any liability, including reasonable 5 attorney's fees, incurred up to the limits set out in this 6 chapter to the extent caused by the negligence of the firm or 7 its employees. This paragraph shall not be construed as 8 designating persons who provide monitoring and inspection 9 services as employees or agents of the state for purposes of 10 chapter 440. This paragraph is not applicable to the 11 professional firm or its employees if involved in an accident 12 while operating a motor vehicle. This paragraph is not 13 applicable to a firm engaged by the Department of 14 Transportation for the design or construction of a state 15 roadway, bridge, or other transportation facility construction 16 project or to its employees, agents, or subcontractors. 17 18 (Redesignate subsequent sections.) 19 20 21 ================ T I T L E A M E N D M E N T =============== 22 And the title is amended as follows: 23 On page 5, line 29, after the semicolon 24 25 insert: 26 amending s. 768.28, F.S.; providing that 27 professional firms under contract with the 28 Department of Transportation to provide 29 specified construction monitoring and 30 inspection services are agents of the state for 31 purposes of sovereign immunity; providing for 2 11:23 AM 05/02/03 s2658c2c-0410a
SENATE AMENDMENT Bill No. CS for CS for SB 2658 Amendment No. ___ Barcode 032234 1 indemnification; providing that such agents are 2 not employees or agents of the state for 3 purposes of chapter 440, F.S.; providing that 4 the act does not apply to such a firm or its 5 employees if an accident occurs while an 6 employee is operating a vehicle or to a firm 7 providing design or construction services; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 11:23 AM 05/02/03 s2658c2c-0410a