Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 286
       
       
       
       
       
       
                                Barcode 519266                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/07/2013           .                                
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       The Committee on Judiciary (Thrasher) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 18 - 52
    4  and insert:
    5         Section 1. Section 558.0035, Florida Statutes, is created
    6  to read:
    7         558.0035 Design professionals; contractual limitation on
    8  liability.—
    9         (1) A design professional employed by a business entity or
   10  an agent of the business entity is not individually liable for
   11  damages resulting from negligence occurring within the course
   12  and scope of a professional services contract if:
   13         (a) The contract is made between the business entity and a
   14  claimant or with another entity for the provision of
   15  professional services to the claimant;
   16         (b) The contract does not name an individual employee or
   17  agent as a party to the contract;
   18         (c) The contract includes a prominent statement, in
   19  uppercase font that is at least 5 point sizes larger than the
   20  rest of the text, that, pursuant to this section, an individual
   21  employee or agent may not be held individually liable for
   22  negligence;
   23         (d) The business entity maintains any professional
   24  liability insurance required under the contract; and
   25         (e) Any damages are solely economic in nature and the
   26  damages do not extend to persons or property not subject to the
   27  contract.
   28  (2) As used in this section, the term “business entity” means
   29  any corporation, limited liability company, partnership, limited
   30  partnership, proprietorship, firm, enterprise, franchise,
   31  association, self-employed individual, or trust, whether
   32  fictitiously named or not, doing business in this state.
   33  
   34  ================= T I T L E  A M E N D M E N T ================
   35         And the title is amended as follows:
   36         Delete lines 2 - 11
   37  and insert:
   38         An act relating to design professionals; creating s.
   39         558.0035, F.S.; specifying conditions under which a
   40         design professional employed by a business entity or
   41         an agent of the business entity may not be held
   42         individually liable for damages resulting from
   43         negligence occurring within the course and scope of a
   44         professional services contract; defining the term
   45         “business entity”;