Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1188
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Fiscal Policy (Boyd) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 20 - 87
    4  and insert:
    5         Section 1. Subsection (8) is added to section 287.058,
    6  Florida Statutes, to read:
    7         287.058 Contract document.—
    8         (8) In addition to any other provision required to be
    9  included, the written agreement for a procurement of contractual
   10  services in excess of the threshold amount provided in s.
   11  287.017 for CATEGORY TWO must include the following limitation
   12  of liability provision for breach of contract:
   14         For all claims against the Contractor under any
   15         contract or purchase order, and regardless of the
   16         basis on which the claim is made, the Contractor’s
   17         liability for direct damages under a contract or
   18         purchase order shall be limited to the greater of
   19         $100,000, the dollar amount of the contract or
   20         purchase order, or two times the charges rendered by
   21         the Contractor under the purchase order. The
   22         limitation of liability contemplated herein does not
   23         apply to any claim arising under an indemnity section
   24         of the agreement or any section of the agreement
   25         relating to insurance for the provision of
   26         Professional Services as defined in section 287.055,
   27         Florida Statutes, unless otherwise agreed to by the
   28         parties to the contract. Unless otherwise specifically
   29         enumerated in the Contract or in the purchase order,
   30         no party shall be liable to another for special,
   31         indirect, punitive, or consequential damages,
   32         including lost data or records (unless the contract or
   33         purchase order requires the Contractor to back up data
   34         or records), even if the party has been advised that
   35         such damages are possible. No party shall be liable
   36         for lost profits, lost revenue, or lost institutional
   37         operating savings. The State and Customer may, in
   38         addition to other remedies available to them at law or
   39         equity and upon notice to the Contractor, retain such
   40         monies from amounts due the Contractor as may be
   41         necessary to satisfy any claim for damages, penalties,
   42         costs and the like asserted by or against them. The
   43         State may set off any liability or other obligation of
   44         the Contractor or its affiliates to the State against
   45         any payments due the Contractor under any contract
   46         with the State.
   48  ================= T I T L E  A M E N D M E N T ================
   49  And the title is amended as follows:
   50         Delete lines 3 - 10
   51  and insert:
   52         287.058, F.S.; requiring that certain procurement
   53         agreements or purchase orders include a specified
   54         provision; reenacting ss.