Florida Senate - 2024 CS for SB 1534
By the Committee on Judiciary; and Senator Bradley
590-02609-24 20241534c1
1 A bill to be entitled
2 An act relating to sovereign immunity; amending s.
3 768.28, F.S.; revising applicability; requiring that
4 contracts with such firms must, to the extent
5 permitted by law, provide indemnity to the department;
6 making technical changes; providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraph (e) of subsection (10) of section
11 768.28, Florida Statutes, is amended to read:
12 768.28 Waiver of sovereign immunity in tort actions;
13 recovery limits; civil liability for damages caused during a
14 riot; limitation on attorney fees; statute of limitations;
15 exclusions; indemnification; risk management programs.—
16 (10)
17 (e) For purposes of this section, a professional firm that
18 provides monitoring and inspection services of the work required
19 for state roadway, bridge, or other transportation facility
20 construction projects, or any employee of a firm the firm’s
21 employees performing such services, is shall be considered an
22 agent agents of the Department of Transportation while acting
23 within the scope of the firm’s contract with the Department of
24 Transportation to ensure that the project is constructed in
25 conformity with the project’s plans, specifications, and
26 contract provisions. This paragraph applies to a professional
27 firm in direct contract with the department, as well as any
28 professional firm providing monitoring and inspection services
29 as a consultant to the professional firm that is in direct
30 contract with the department. Any contract with a between the
31 professional firm must and the state, to the extent permitted by
32 law, shall provide for the indemnification of the department for
33 any liability, including reasonable attorney attorney’s fees,
34 incurred up to the limits set out in this chapter to the extent
35 caused by the negligence of the firm or its employees. This
36 paragraph may shall not be construed as designating persons who
37 provide monitoring and inspection services as employees or
38 agents of the state for purposes of chapter 440. This paragraph
39 is not applicable to the professional firm or its employees if
40 involved in an accident while operating a motor vehicle. This
41 paragraph is not applicable to a firm engaged by the department
42 of Transportation for the design or construction of a state
43 roadway, bridge, or other transportation facility construction
44 project or to its employees, agents, or subcontractors.
45 Section 2. This act shall take effect July 1, 2024.