Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 460
Barcode 194938
CHAMBER ACTION
Senate House
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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
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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.
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