1 | Representative Seiler offered the following: |
2 |
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3 | Amendment |
4 | Remove lines 253-300 and insert: |
5 | 337.195 Contractor liability; presumptions; limitation of |
6 | liability.-- |
7 | (1) In a civil action for the death of or injury to a |
8 | person, or for damage to property, against the Department of |
9 | Transportation or its agents, consultants, or contractors for |
10 | work performed on a highway, road, street, bridge, or other |
11 | transportation facility when the death, injury, or damage |
12 | resulted from a motor vehicle crash within a construction zone |
13 | in which a driver of a vehicle was under the influence of |
14 | alcoholic beverages as set forth in s. 316.193, under the |
15 | influence of any chemical substance as set forth in s. 877.111, |
16 | or illegally under the influence of any substance controlled |
17 | under chapter 893 to the extent that her or his normal faculties |
18 | were impaired, it is presumed that such driver's operation of |
19 | the vehicle was the sole proximate cause of her or his death, |
20 | injury, or damage. This presumption can be overcome if the gross |
21 | negligence or intentional misconduct of the Department of |
22 | Transportation or its agents, consultants, or contractors was a |
23 | proximate cause of the death, injury, or damage. |
24 | (2) Once the Department of Transportation has rendered a |
25 | final acceptance of a completed roadway project, the contractor |
26 | who constructed or repaired the highway, road, street, or bridge |
27 | for the department is not liable to a claimant for personal |
28 | injury, property damage, or death arising from the performance |
29 | of the construction or repair if, at the time of final |
30 | acceptance by the department, the contractor was in compliance |
31 | with all contract documents, Department of Transportation |
32 | standards, and federal standards material to the condition or |
33 | defect that was a proximate cause of the personal injury, |
34 | property damage, or death. This section does not apply to a |
35 | hidden or undiscoverable condition created by the contractor. |
36 | (3) In all cases involving personal injury, property |
37 | damage, or death, a person or entity that contracts to prepare |
38 | or provide engineering plans for the construction or repair of a |
39 | highway, road, street, bridge, or other transportation facility |
40 | for the Department of Transportation shall be presumed to have |
41 | prepared such engineering plans using the degree of care and |
42 | skill ordinarily exercised by other engineers in the field under |
43 | similar conditions and in similar localities and with due regard |
44 | for acceptable engineering standards and principles if the |
45 | engineering plans conformed to the Department of |
46 | Transportation's design standards material to the condition or |
47 | defect that was the proximate cause of the personal injury, |
48 | property damage, or death. Nothing in this subsection shall be |
49 | interpreted or construed to alter or affect any claim of the |
50 | Department of Transportation against such person or entity. |
51 |
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52 | ================= T I T L E A M E N D M E N T ================= |
53 | Remove line 32, and insert: |
54 | motor vehicle crash within a construction zone; limiting |
55 | liability under certain circumstances of a contractor who |
56 | constructed or repaired a highway, road, street, or bridge |
57 | for the department; limiting |