HB 0357 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to construction engineering and inspection
12	services; amending s. 768.28, F.S.; providing that
13	professional firms that have contractually agreed with the
14	Department of Transportation for construction engineering
15	and inspection services are agents of the state with
16	respect to sovereign immunity; providing for
17	indemnification; providing that such agents are not agents
18	of the state for purposes of ch. 440, F.S.; providing an
19	effective date.
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21	Be It Enacted by the Legislature of the State of Florida:
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23	Section 1. Paragraphs (e) and (f) are added to subsection
24	(10) of section 768.28, Florida Statutes, to read:
25	768.28 Waiver of sovereign immunity in tort actions;
26	recovery limits; limitation on attorney fees; statute of
27	limitations; exclusions; indemnification; risk management
28	programs.--
29	(10)
30	(e) Professional firms, or any of their employees, agents,
31	or sub-consultants, under contract to provide construction
32	engineering and inspection services for the Department of
33	Transportation shall, solely for purposes of this section, be
34	considered agents of the state while acting within the scope of
35	the contract. Any such contract, to the extent allowed by law,
36	must provide for the indemnification of the state up to the
37	limits established by this chapter.
38	(f) Except for the provisions of s. 440.09, this
39	subsection shall not be construed as designating persons
40	providing construction engineering and inspection services as
41	employees or agents of the state for the purposes of chapter
42	440.
43	Section 2. This act shall take effect upon becoming a law.