Florida Senate - 2005                        SENATOR AMENDMENT
    Bill No. CS for CS for CS for SB 460
                        Barcode 783266
                            CHAMBER ACTION
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       05/04/2005 03:03 PM         .                    
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11  Senator Sebesta moved the following amendment:
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13         Senate Amendment 
14         On page 16, line 1 through page 18, line 2, delete
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16  and insert:
17         337.195  Limits on liability.--
18         (1)  In a civil action for the death of or injury to a
19  person, or for damage to property, against the Department of
20  Transportation or its agents, consultants, or contractors for
21  work performed on a highway, road, street, bridge, or other
22  transportation facility when the death, injury, or damage
23  resulted from a motor vehicle crash within a construction zone
24  in which the driver of one of the vehicles 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 that she or he operated a
30  vehicle recklessly as defined in s. 316.192, it is presumed
31  that the driver's operation of the vehicle was the sole
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    1:48 PM   05/03/05                              s0460.16tr.upp

Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 783266 1 proximate cause of his or her own death, injury, or damage. 2 This presumption can be overcome if the gross negligence or 3 intentional misconduct of the Department of Transportation, or 4 of its agents, consultants, or contractors, was a proximate 5 cause of the driver's death, injury, or damage. 6 (2) A contractor who constructs, maintains, or repairs 7 a highway, road, street, bridge, or other transportation 8 facility for the Department of Transportation is not liable to 9 a claimant for personal injury, property damage, or death 10 arising from the performance of the construction, maintenance, 11 or repair if, at the time of the personal injury, property 12 damage, or death, the contractor was in compliance with 13 contract documents material to the condition that was the 14 proximate cause of the personal injury, property damage, or 15 death. 16 (a) The limitation on liability contained in this 17 subsection does not apply when the proximate cause of the 18 personal injury, property damage, or death is a latent 19 condition, defect, error, or omission that was created by the 20 contractor and not a defect, error, or omission in the 21 contract documents; or when the proximate cause of the 22 personal injury, property damage or death was the contractor's 23 failure to perform, update or comply with the maintenance of 24 traffic safety plan as required by the contract documents. 25 (b) Nothing in this subsection shall be interpreted or 26 construed as relieving the contractor of any obligation to 27 provide the Department of Transportation with written notice 28 of any apparent error or omission in the contract documents. 29 (c) Nothing in this subsection shall be interpreted or 30 construed to alter or affect any claim of the Department of 31 Transportation against such contractor. 2 1:48 PM 05/03/05 s0460.16tr.upp
Florida Senate - 2005 SENATOR AMENDMENT Bill No. CS for CS for CS for SB 460 Barcode 783266 1 (d) This subsection does not affect any claim of any 2 entity against such contractor, which claim is associated with 3 such entity's facilities on or in Department of Transportation 4 roads or other transportation facilities. 5 (3) In all cases involving personal injury, property 6 damage, or death, a person or entity who contracts to prepare 7 or provide engineering plans for the construction or repair of 8 a highway, road, street, bridge, or other transportation 9 facility for the Department of Transportation shall be 10 presumed to have prepared such engineering plans using the 11 degree of care and skill ordinarily exercised by other 12 engineers in the field under similar conditions and in similar 13 localities and with due regard for acceptable engineering 14 standards and principles if the engineering plans conformed to 15 the Department of Transportation's design standards material 16 to the condition or defect that was the proximate cause of the 17 person injury, property damage, or death. This presumption can 18 be overcome only upon a showing of the person's or entity's 19 gross negligence in the preparation of the engineering plans 20 and shall not be interpreted or construed to alter or affect 21 any claim of the Department of Transportation against such 22 person or entity. The limitation on liability contained in 23 this subsection shall not apply to any hidden or 24 undiscoverable condition created by the engineer. 25 (a) This subsection does not affect any claim of any 26 entity against such engineer or engineering firm, which claim 27 is associated with such entity's facilities on or in 28 Department of Transportation roads or other transportation 29 facilities. 30 31 3 1:48 PM 05/03/05 s0460.16tr.upp