SENATE AMENDMENT
Bill No. CS for CS for SB 2658
Amendment No. ___ Barcode 110780
CHAMBER ACTION
Senate House
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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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SENATE AMENDMENT
Bill No. CS for CS for SB 2658
Amendment No. ___ Barcode 110780
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.
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18 (Redesignate subsequent sections.)
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22 And the title is amended as follows:
23 On page 5, line 29, after the semicolon,
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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
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SENATE AMENDMENT
Bill No. CS for CS for SB 2658
Amendment No. ___ Barcode 110780
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;
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