(LATE FILED)Amendment
Bill No. 1681
Amendment No. 297283
CHAMBER ACTION
Senate House
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1Representative Seiler offered the following:
2
3     Amendment
4     Remove lines 253-300 and insert:
5     337.195  Contractor liability; presumptions; limitation of
6liability.--
7     (1)  In a civil action for the death of or injury to a
8person, or for damage to property, against the Department of
9Transportation or its agents, consultants, or contractors for
10work performed on a highway, road, street, bridge, or other
11transportation facility when the death, injury, or damage
12resulted from a motor vehicle crash within a construction zone
13in which a driver of a vehicle was under the influence of
14alcoholic beverages as set forth in s. 316.193, under the
15influence of any chemical substance as set forth in s. 877.111,
16or illegally under the influence of any substance controlled
17under chapter 893 to the extent that her or his normal faculties
18were impaired, it is presumed that such driver's operation of
19the vehicle was the sole proximate cause of her or his death,
20injury, or damage. This presumption can be overcome if the gross
21negligence or intentional misconduct of the Department of
22Transportation or its agents, consultants, or contractors was a
23proximate cause of the death, injury, or damage.
24     (2)  Once the Department of Transportation has rendered a
25final acceptance of a completed roadway project, the contractor
26who constructed or repaired the highway, road, street, or bridge
27for the department is not liable to a claimant for personal
28injury, property damage, or death arising from the performance
29of the construction or repair if, at the time of final
30acceptance by the department, the contractor was in compliance
31with all contract documents, Department of Transportation
32standards, and federal standards material to the condition or
33defect that was a proximate cause of the personal injury,
34property damage, or death. This section does not apply to a
35hidden or undiscoverable condition created by the contractor.
36     (3)  In all cases involving personal injury, property
37damage, or death, a person or entity that contracts to prepare
38or provide engineering plans for the construction or repair of a
39highway, road, street, bridge, or other transportation facility
40for the Department of Transportation shall be presumed to have
41prepared such engineering plans using the degree of care and
42skill ordinarily exercised by other engineers in the field under
43similar conditions and in similar localities and with due regard
44for acceptable engineering standards and principles if the
45engineering plans conformed to the Department of
46Transportation's design standards material to the condition or
47defect that was the proximate cause of the personal injury,
48property damage, or death. Nothing in this subsection shall be
49interpreted or construed to alter or affect any claim of the
50Department of Transportation against such person or entity.
51
52================= T I T L E  A M E N D M E N T =================
53     Remove line 32, and insert:
54motor vehicle crash within a construction zone; limiting
55liability under certain circumstances of a contractor who
56constructed or repaired a highway, road, street, or bridge
57for the department; limiting


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