HB 605

1
A bill to be entitled
2An act relating to design professionals; creating s.
3558.0035, F.S.; providing for limited liability for
4engineers, surveyors and mappers, architects, interior
5designers, and registered landscape architects as a result
6of construction defects resulting from the performance of
7a contract; providing that, if a contract requires
8professional liability insurance, the contract may not
9limit the liability of the design professional in a manner
10that is inconsistent with the insurance requirements;
11providing exceptions to the limitation of liability of the
12design professional; amending ss. 471.023, 472.021,
13481.219, and 481.319, F.S.; conforming sections to the
14limitation of liability for certain design professionals
15provided in s. 558.0035, F.S.; providing cross-references
16to s. 558.0035, F.S.; providing that the act does not
17affect contracts or agreements entered into, or
18professional services performed, before a specified date;
19providing an effective date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  Section 558.0035, Florida Statutes, is created
24to read:
25     558.0035  Limitation of liability.-
26     (1)  A claimant contracting for the professional services
27of a design professional does not have a cause of action in tort
28against any design professional who performs professional
29services within the scope of the claimant's contract for the
30recovery of economic damages resulting from a construction
31defect.
32     (2)  If the contract requires professional liability
33insurance, the contract may not limit the liability of the
34design professional in a manner that is inconsistent with such
35insurance requirements.
36     (3)  This section does not apply:
37     (a)  To claims for economic damages resulting from personal
38injury or damage to property other than the property that is the
39subject of the contract; or
40     (b)  If the contract requires professional liability
41insurance and the contracting party fails to maintain insurance
42coverage as specified in the contract.
43     Section 2.  Subsection (3) of section 471.023, Florida
44Statutes, is amended to read:
45     471.023  Certification of business organizations.-
46     (3)  Except as provided in s. 558.0035, the fact that a
47licensed engineer practices through a business organization does
48not relieve the licensee from personal liability for negligence,
49misconduct, or wrongful acts committed by him or her.
50Partnerships and all partners shall be jointly and severally
51liable for the negligence, misconduct, or wrongful acts
52committed by their agents, employees, or partners while acting
53in a professional capacity. Any officer, agent, or employee of a
54business organization other than a partnership shall be
55personally liable and accountable only for negligent acts,
56wrongful acts, or misconduct committed by him or her or
57committed by any person under his or her direct supervision and
58control, while rendering professional services on behalf of the
59business organization. The personal liability of a shareholder
60or owner of a business organization, in his or her capacity as
61shareholder or owner, shall be no greater than that of a
62shareholder-employee of a corporation incorporated under chapter
63607. The business organization shall be liable up to the full
64value of its property for any negligent acts, wrongful acts, or
65misconduct committed by any of its officers, agents, or
66employees while they are engaged on its behalf in the rendering
67of professional services.
68     Section 3.  Subsection (3) of section 472.021, Florida
69Statutes, 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
72registered surveyor and mapper practices through a corporation
73or partnership shall not relieve the registrant from personal
74liability for negligence, misconduct, or wrongful acts committed
75by him or her. Partnerships and all partners shall be jointly
76and severally liable for the negligence, misconduct, or wrongful
77acts committed by their agents, employees, or partners while
78acting in a professional capacity. Any officer, agent, or
79employee of a business organization other than a partnership
80shall be personally liable and accountable only for negligent
81acts, wrongful acts, or misconduct committed by him or her or
82committed by any person under his or her direct supervision and
83control while rendering professional services on behalf of the
84business organization. The personal liability of a shareholder
85or owner of a business organization, in his or her capacity as
86shareholder or owner, shall be no greater than that of a
87shareholder-employee of a corporation incorporated under chapter
88607. The business organization shall be liable up to the full
89value of its property for any negligent acts, wrongful acts, or
90misconduct committed by any of its officers, agents, or
91employees while they are engaged on its behalf in the rendering
92of professional services.
93     Section 4.  Subsection (11) of section 481.219, Florida
94Statutes, is amended to read:
95     481.219  Certification of partnerships, limited liability
96companies, and corporations.-
97     (11)  No corporation, limited liability company, or
98partnership shall be relieved of responsibility for the conduct
99or acts of its agents, employees, or officers by reason of its
100compliance with this section. However, except as provided in s.
101558.0035, the architect who signs and seals the construction
102documents and instruments of service shall be liable for the
103professional services performed, and the interior designer who
104signs and seals the interior design drawings, plans, or
105specifications shall be liable for the professional services
106performed.
107     Section 5.  Subsection (6) of section 481.319, Florida
108Statutes, is amended to read:
109     481.319  Corporate and partnership practice of landscape
110architecture; certificate of authorization.-
111     (6)  Except as provided in s. 558.0035, the fact that
112registered landscape architects practice landscape architecture
113through a corporation or partnership as provided in this section
114shall not relieve any landscape architect from personal
115liability for his or her professional acts.
116     Section 6.  This act does not apply to contracts or
117agreements entered into, or professional services performed,
118before July 1, 2011.
119     Section 7.  This act shall take effect July 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.