Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 460
Barcode 741412
CHAMBER ACTION
Senate House
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11 The Committee on Transportation and Economic Development
12 Appropriations (Hill) recommended the following amendment:
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14 Senate Amendment
15 On page 15, lines 22 - 31, and on page 16, lines 1 -
16 20, delete those lines
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18 and insert: (1) In a civil action for the death of or injury
19 to a person, or for damage to property, against the Department
20 of Transportation or its agents, consultants, or contractors
21 for work performed on a highway, road, street, bridge, or
22 other transportation facility when the death, injury, or
23 damage resulted from a motor vehicle crash within a
24 construction zone in which a driver of a vehicle was under the
25 influence of alcoholic beverages as set forth in s. 316.193,
26 under the influence of any chemical substance as set forth in
27 s. 877.111, or illegally under the influence of any substance
28 controlled under chapter 893 to the extent that her or his
29 normal faculties were impaired or operated a vehicle at an
30 unlawful speed as prohibited in s. 316.183, it is presumed
31 that such driver's operation of the vehicle was the sole
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2:14 PM 04/25/05 s0460.ta01.003
Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 460
Barcode 741412
1 proximate cause of her or his death, injury, or damage. This
2 presumption can be overcome if the gross negligence or
3 intentional misconduct of the Department of Transportation,
4 its agents, consultants, or contractors was a proximate cause
5 of the death, injury, or damage. This presumption can be
6 overcome if the gross negligence or intentional misconduct of
7 the Department of Transportation, its agents, consultants, or
8 contractors was a proximate cause of the death, injury, or
9 damage.
10 (2) Once the Department of Transportation has accepted
11 a completed roadway project, the contractor who constructed or
12 repaired the highway, road, street, or bridge for the
13 department is not liable to a claimant for personal injury,
14 property damage, or death arising from the performance of the
15 construction or repair if, at the time of final acceptance by
16 the department, the contractor is in compliance with all
17 contract documents, DOT standards and Federal Standards
18 material to the condition or defect that was a proximate cause
19 of the personal injury, property damage, or death. This
20 section does not apply to a hidden or undiscoverable condition
21 created by the contractor.
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