1 | A bill to be entitled |
2 | An act relating to design professionals; creating s. |
3 | 558.0035, F.S.; providing for limited liability for |
4 | engineers, surveyors and mappers, architects, interior |
5 | designers, and registered landscape architects as a result |
6 | of construction defects resulting from the performance of |
7 | a contract; providing that, if a contract requires |
8 | professional liability insurance, the contract may not |
9 | limit the liability of the design professional in a manner |
10 | that is inconsistent with the insurance requirements; |
11 | providing exceptions to the limitation of liability of the |
12 | design professional; amending ss. 471.023, 472.021, |
13 | 481.219, and 481.319, F.S.; conforming sections to the |
14 | limitation of liability for certain design professionals |
15 | provided in s. 558.0035, F.S.; providing cross-references |
16 | to s. 558.0035, F.S.; providing that the act does not |
17 | affect contracts or agreements entered into, or |
18 | professional services performed, before a specified date; |
19 | providing an effective date. |
20 |
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21 | Be It Enacted by the Legislature of the State of Florida: |
22 |
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23 | Section 1. Section 558.0035, Florida Statutes, is created |
24 | to read: |
25 | 558.0035 Limitation of liability.- |
26 | (1) A claimant contracting for the professional services |
27 | of a design professional does not have a cause of action in tort |
28 | against any design professional who performs professional |
29 | services within the scope of the claimant's contract for the |
30 | recovery of economic damages resulting from a construction |
31 | defect. |
32 | (2) If the contract requires professional liability |
33 | insurance, the contract may not limit the liability of the |
34 | design professional in a manner that is inconsistent with such |
35 | insurance requirements. |
36 | (3) This section does not apply: |
37 | (a) To claims for economic damages resulting from personal |
38 | injury or damage to property other than the property that is the |
39 | subject of the contract; or |
40 | (b) If the contract requires professional liability |
41 | insurance and the contracting party fails to maintain insurance |
42 | coverage as specified in the contract. |
43 | Section 2. Subsection (3) of section 471.023, Florida |
44 | Statutes, is amended to read: |
45 | 471.023 Certification of business organizations.- |
46 | (3) Except as provided in s. 558.0035, the fact that a |
47 | licensed engineer practices through a business organization does |
48 | not relieve the licensee from personal liability for negligence, |
49 | misconduct, or wrongful acts committed by him or her. |
50 | Partnerships and all partners shall be jointly and severally |
51 | liable for the negligence, misconduct, or wrongful acts |
52 | committed by their agents, employees, or partners while acting |
53 | in a professional capacity. Any officer, agent, or employee of a |
54 | business organization other than a partnership shall be |
55 | personally liable and accountable only for negligent acts, |
56 | wrongful acts, or misconduct committed by him or her or |
57 | committed by any person under his or her direct supervision and |
58 | control, while rendering professional services on behalf of the |
59 | business organization. The personal liability of a shareholder |
60 | or owner of a business organization, in his or her capacity as |
61 | shareholder or owner, shall be no greater than that of a |
62 | shareholder-employee of a corporation incorporated under chapter |
63 | 607. The business organization shall be liable up to the full |
64 | value of its property for any negligent acts, wrongful acts, or |
65 | misconduct committed by any of its officers, agents, or |
66 | employees while they are engaged on its behalf in the rendering |
67 | of professional services. |
68 | Section 3. Subsection (3) of section 472.021, Florida |
69 | Statutes, is amended to read: |
70 | 472.021 Certification of partnerships and corporations.- |
71 | (3) Except as provided in s. 558.0035, the fact that any |
72 | registered surveyor and mapper practices through a corporation |
73 | or partnership shall not relieve the registrant from personal |
74 | liability for negligence, misconduct, or wrongful acts committed |
75 | by him or her. Partnerships and all partners shall be jointly |
76 | and severally liable for the negligence, misconduct, or wrongful |
77 | acts committed by their agents, employees, or partners while |
78 | acting in a professional capacity. Any officer, agent, or |
79 | employee of a business organization other than a partnership |
80 | shall be personally liable and accountable only for negligent |
81 | acts, wrongful acts, or misconduct committed by him or her or |
82 | committed by any person under his or her direct supervision and |
83 | control while rendering professional services on behalf of the |
84 | business organization. The personal liability of a shareholder |
85 | or owner of a business organization, in his or her capacity as |
86 | shareholder or owner, shall be no greater than that of a |
87 | shareholder-employee of a corporation incorporated under chapter |
88 | 607. The business organization shall be liable up to the full |
89 | value of its property for any negligent acts, wrongful acts, or |
90 | misconduct committed by any of its officers, agents, or |
91 | employees while they are engaged on its behalf in the rendering |
92 | of professional services. |
93 | Section 4. Subsection (11) of section 481.219, Florida |
94 | Statutes, is amended to read: |
95 | 481.219 Certification of partnerships, limited liability |
96 | companies, and corporations.- |
97 | (11) No corporation, limited liability company, or |
98 | partnership shall be relieved of responsibility for the conduct |
99 | or acts of its agents, employees, or officers by reason of its |
100 | compliance with this section. However, except as provided in s. |
101 | 558.0035, the architect who signs and seals the construction |
102 | documents and instruments of service shall be liable for the |
103 | professional services performed, and the interior designer who |
104 | signs and seals the interior design drawings, plans, or |
105 | specifications shall be liable for the professional services |
106 | performed. |
107 | Section 5. Subsection (6) of section 481.319, Florida |
108 | Statutes, is amended to read: |
109 | 481.319 Corporate and partnership practice of landscape |
110 | architecture; certificate of authorization.- |
111 | (6) Except as provided in s. 558.0035, the fact that |
112 | registered landscape architects practice landscape architecture |
113 | through a corporation or partnership as provided in this section |
114 | shall not relieve any landscape architect from personal |
115 | liability for his or her professional acts. |
116 | Section 6. This act does not apply to contracts or |
117 | agreements entered into, or professional services performed, |
118 | before July 1, 2011. |
119 | Section 7. This act shall take effect July 1, 2011. |