| 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 |