| 1 | A bill to be entitled |
| 2 | An act relating to design professionals; creating s. |
| 3 | 558.0035, F.S.; limiting the liability of architects, |
| 4 | interior designers, landscape architects, engineers, and |
| 5 | surveyors for construction defects resulting from the |
| 6 | performance of a contract; prohibiting such contract from |
| 7 | limiting the liability of a design professional under |
| 8 | certain circumstances; specifying that provisions do not |
| 9 | apply to certain claims; amending ss. 471.023, 472.021, |
| 10 | 481.219, and 481.319, F.S.; conforming provisions to |
| 11 | changes made by the act; providing that the act does not |
| 12 | apply to contracts or agreements entered into, or |
| 13 | professional services performed, before a specified date; |
| 14 | providing an effective date. |
| 15 |
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| 16 | Be It Enacted by the Legislature of the State of Florida: |
| 17 |
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| 18 | Section 1. Section 558.0035, Florida Statutes, is created |
| 19 | to read: |
| 20 | 558.0035 Limitation of liability.- |
| 21 | (1) A claimant contracting for the professional services |
| 22 | of a design professional does not have a cause of action in tort |
| 23 | against the design professional for the recovery of economic |
| 24 | damages resulting from a construction defect. |
| 25 | (2) If the contract requires professional liability |
| 26 | insurance, the contract may not limit the liability of the |
| 27 | design professional to an amount less than the liability |
| 28 | insurance amount required by the contract. |
| 29 | (3) This section does not apply to a claim for economic |
| 30 | damages: |
| 31 | (a) Resulting from personal injury or damage to property |
| 32 | other than the property that is the subject of the contract. |
| 33 | (b) Involving a contract requiring professional liability |
| 34 | insurance if the contracting party does not maintain the |
| 35 | insurance coverage required by the contract. |
| 36 | Section 2. Subsection (3) of section 471.023, Florida |
| 37 | Statutes, is amended to read: |
| 38 | 471.023 Certification of business organizations.- |
| 39 | (3) Except as provided in s. 558.0035, the fact that a |
| 40 | licensed engineer practices through a business organization does |
| 41 | not relieve the licensee from personal liability for negligence, |
| 42 | misconduct, or wrongful acts committed by him or her. |
| 43 | Partnerships and all partners shall be jointly and severally |
| 44 | liable for the negligence, misconduct, or wrongful acts |
| 45 | committed by their agents, employees, or partners while acting |
| 46 | in a professional capacity. Any officer, agent, or employee of a |
| 47 | business organization other than a partnership shall be |
| 48 | personally liable and accountable only for negligent acts, |
| 49 | wrongful acts, or misconduct committed by him or her or |
| 50 | committed by any person under his or her direct supervision and |
| 51 | control, while rendering professional services on behalf of the |
| 52 | business organization. The personal liability of a shareholder |
| 53 | or owner of a business organization, in his or her capacity as |
| 54 | shareholder or owner, shall be no greater than that of a |
| 55 | shareholder-employee of a corporation incorporated under chapter |
| 56 | 607. The business organization shall be liable up to the full |
| 57 | value of its property for any negligent acts, wrongful acts, or |
| 58 | misconduct committed by any of its officers, agents, or |
| 59 | employees while they are engaged on its behalf in the rendering |
| 60 | of professional services. |
| 61 | Section 3. Subsection (3) of section 472.021, Florida |
| 62 | Statutes, is amended to read: |
| 63 | 472.021 Certification of partnerships and corporations.- |
| 64 | (3) Except as provided in s. 558.0035, the fact that any |
| 65 | registered surveyor and mapper practices through a corporation |
| 66 | or partnership shall not relieve the registrant from personal |
| 67 | liability for negligence, misconduct, or wrongful acts committed |
| 68 | by him or her. Partnerships and all partners shall be jointly |
| 69 | and severally liable for the negligence, misconduct, or wrongful |
| 70 | acts committed by their agents, employees, or partners while |
| 71 | acting in a professional capacity. Any officer, agent, or |
| 72 | employee of a business organization other than a partnership |
| 73 | shall be personally liable and accountable only for negligent |
| 74 | acts, wrongful acts, or misconduct committed by him or her or |
| 75 | committed by any person under his or her direct supervision and |
| 76 | control while rendering professional services on behalf of the |
| 77 | business organization. The personal liability of a shareholder |
| 78 | or owner of a business organization, in his or her capacity as |
| 79 | shareholder or owner, shall be no greater than that of a |
| 80 | shareholder-employee of a corporation incorporated under chapter |
| 81 | 607. The business organization shall be liable up to the full |
| 82 | value of its property for any negligent acts, wrongful acts, or |
| 83 | misconduct committed by any of its officers, agents, or |
| 84 | employees while they are engaged on its behalf in the rendering |
| 85 | of professional services. |
| 86 | Section 4. Subsection (11) of section 481.219, Florida |
| 87 | Statutes, is amended to read: |
| 88 | 481.219 Certification of partnerships, limited liability |
| 89 | companies, and corporations.- |
| 90 | (11) No corporation, limited liability company, or |
| 91 | partnership shall be relieved of responsibility for the conduct |
| 92 | or acts of its agents, employees, or officers by reason of its |
| 93 | compliance with this section. However, except as provided in s. |
| 94 | 558.0035, the architect who signs and seals the construction |
| 95 | documents and instruments of service shall be liable for the |
| 96 | professional services performed, and the interior designer who |
| 97 | signs and seals the interior design drawings, plans, or |
| 98 | specifications shall be liable for the professional services |
| 99 | performed. |
| 100 | Section 5. Subsection (6) of section 481.319, Florida |
| 101 | Statutes, is amended to read: |
| 102 | 481.319 Corporate and partnership practice of landscape |
| 103 | architecture; certificate of authorization.- |
| 104 | (6) Except as provided in s. 558.0035, the fact that |
| 105 | registered landscape architects practice landscape architecture |
| 106 | through a corporation or partnership as provided in this section |
| 107 | shall not relieve any landscape architect from personal |
| 108 | liability for his or her professional acts. |
| 109 | Section 6. This act does not apply to contracts or |
| 110 | agreements entered into, or professional services performed, |
| 111 | before July 1, 2010. |
| 112 | Section 7. This act shall take effect July 1, 2010. |