HB 0357 2003
1	A bill to be entitled
2	An act relating to construction contract administration;
3	amending s. 768.28, F.S.; providing that professional
4	firms that have contractually agreed with the Department
5	of Transportation for construction contract administration
6	are agents of the state with respect to sovereign
7	immunity; providing for indemnification; providing an
8	effective date.
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10	Be It Enacted by the Legislature of the State of Florida:
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12	Section 1. Paragraph (e) is added to subsection (10) of
13	section 768.28, Florida Statutes, to read:
14	768.28 Waiver of sovereign immunity in tort actions;
15	recovery limits; limitation on attorney fees; statute of
16	limitations; exclusions; indemnification; risk management
17	programs.--
18	(10)
19	(e) Professional firms, or any of their employees, agents,
20	or sub-consultants, that have contractually agreed to provide
21	construction contract administration and related services, such
22	as construction engineering or inspection, for projects of the
23	Department of Transportation shall be considered agents of the
24	state for purposes of this section while acting within the scope
25	of the contract or guidelines of the department. Any such
26	contract, to the extent allowed by law, must provide for the
27	indemnification of the state up to the limits established by
28	this chapter for any liability incurred by the department as a
29	result of the agent’s actions.
30	Section 2. This act shall take effect upon becoming a law.
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