Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1188
       
       
       
       
       
       
                                Ì313992@Î313992                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2023           .                                
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       The Committee on Governmental Oversight and Accountability
       (Boyd) recommended the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Between lines 52 and 53
    4  insert:
    5         (8) Every procurement of contractual services in excess of
    6  the threshold amount provided in s. 287.017 for CATEGORY TWO
    7  must be evidenced by a written agreement that includes the
    8  following provision:
    9  
   10         For all claims against the contractor under any
   11         contract or purchase order, regardless of the basis on
   12         which the claim is made, the contractor’s liability
   13         for direct damages under a contract or purchase order
   14         must be limited to the greater of $100,000, the dollar
   15         amount of the contract or purchase order, or two times
   16         the charges rendered by the contractor under the
   17         purchase order. This limitation does not apply to
   18         claims arising under the indemnity section of the
   19         agreement. Unless otherwise specifically enumerated in
   20         the contract or in the purchase order, a party may not
   21         be liable to another for special, indirect, punitive,
   22         or consequential damages, including lost data or
   23         records, unless the contract or purchase order
   24         requires the contractor to back up such data or
   25         records, even if the party has been advised that such
   26         damages are possible. A party may not be liable for
   27         lost profits, lost revenue, or lost institutional
   28         operating savings. The state and agency may, in
   29         addition to other remedies available to them at law or
   30         equity and upon notice to the contractor, retain such
   31         monies from amounts due to the contractor as may be
   32         necessary to satisfy any claim for damages, penalties,
   33         costs, and the like asserted by or against them. The
   34         state may offset any liability or other obligation of
   35         the contractor or its affiliates to the state against
   36         any payments due to the contractor under any contract
   37         with the state.
   38  
   39  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
   40  And the directory clause is amended as follows:
   41         Delete line 20
   42  and insert:
   43  (j), a new paragraph (i) is added to that subsection, and
   44  subsection (8) is added to that section, to
   45  
   46  ================= T I T L E  A M E N D M E N T ================
   47  And the title is amended as follows:
   48         Delete line 8
   49  and insert:
   50         or formula; providing applicability; requiring that
   51         certain procurement agreements or purchase orders
   52         include a specified provision; reenacting ss.