Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 1188 Ì313992@Î313992 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.