Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for CS for SB 460
                        Barcode 194938
                            CHAMBER ACTION
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11  The Committee on Transportation and Economic Development
12  Appropriations (Sebesta) recommended the following amendment:
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14         Senate Amendment 
15         On page 16, line 10 through page 17, line 3, delete
16  those lines
17  
18  and insert:
19         (2)  A contractor who constructs, maintains, or repairs
20  a highway, road, street, bridge, or other transportation
21  facility for the Department of Transportation is not liable to
22  a claimant for personal injury, property damage, or death
23  arising from the performance of the construction, maintenance,
24  or repair if, at the time of the personal injury, property
25  damage, or death, the contractor was in compliance with
26  contract documents material to the condition that was the
27  proximate cause of the personal injury, property damage, or
28  death.
29         (a)  The limitation on liability contained in this
30  subsection does not apply when the proximate cause of the
31  person injury, property damage, or death is found to be a
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    10:59 AM   04/25/05                             s0460.ta16.b22

Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. CS for CS for SB 460 Barcode 194938 1 latent condition, defect, error or omission that was created 2 by the contractor and not a defect, error or omission in the 3 contract documents. 4 (b) If an error or omission in the contract documents 5 is open and obvious, nothing in this subsection shall be 6 interpreted or construed as relieving the contractor of any 7 obligation to provide the Department of Transportation with 8 written notice of the error or omission. 9 (c) Nothing in this subsection shall be interpreted or 10 construed to alter or affect any claim of the Department of 11 Transportation against such contractor. 12 (3) In all cases involving personal injury, property 13 damage, or death, a person or entity who contracts to prepare 14 or provide engineering plans for the construction or repair of 15 a highway, road, street, bridge, or other transportation 16 facility for the Department of Transportation shall be 17 presumed to have prepared such engineering plans using the 18 degree of care and skill ordinarily exercised by other 19 engineers in the field under similar conditions and in similar 20 localities and with due regard for acceptable engineering 21 standards and principles if the engineering plans conformed to 22 the Department of Transportation's design standards material 23 to the condition or defect that was the proximate cause of the 24 person injury, property damage, or death. This presumption can 25 be overcome only upon a showing of the person's or entity's 26 gross negligence in the preparation of the engineering plans 27 and shall not be interpreted or construed to alter or affect 28 any claim of the Department of Transportation against such 29 person or entity. 30 31 2 10:59 AM 04/25/05 s0460.ta16.b22