| 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. |