Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 266
       
       
       
       
       
       
                                Ì589480=Î589480                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2024           .                                
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       The Committee on Transportation (Hooper) recommended the
       following:
       
    1         Senate Amendment to Amendment (703922) 
    2  
    3         Delete lines 400 - 446
    4  and insert:
    5         (b) A contractor is not liable for personal injury,
    6  property damage, or death arising from any of the following:
    7         1. The performance of the construction, maintenance, or
    8  repair of the transportation facility, if, at the time the
    9  personal injury, property damage, or death occurred, the
   10  contractor was in compliance with the contract documents
   11  material to the personal injury, property damage, or death.
   12         2. Acts or omissions of a third party that furnishes or
   13  contracts at any contractual level to furnish services or
   14  materials to the transportation facility, including any
   15  subcontractor; sub-subcontractor; laborer; materialman; owner,
   16  lessor, or driver of a motor vehicle, trailer, semitrailer,
   17  truck, heavy truck, truck tractor, or commercial motor vehicle,
   18  as those terms are defined in s. 320.01; or any person who
   19  performs services as an architect, a landscape architect, an
   20  interior designer, an engineer, or a surveyor and mapper.
   21         3. Acts or omissions of a third party who trespasses within
   22  the limits of the transportation facility or otherwise is not
   23  authorized to enter the area of the transportation facility in
   24  which the personal injury, property damage, or death occurred.
   25         4. Acts or omissions of a third party who damages,
   26  modifies, moves, or removes any traffic control device, warning
   27  device, barrier, or other facility or device used for the
   28  public’s safety and convenience who constructs, maintains, or
   29  repairs a highway, road, street, bridge, or other transportation
   30  facility for the Department of Transportation is not liable to a
   31  claimant for personal injury, property damage, or death arising
   32  from the performance of the construction, maintenance, or repair
   33  if, at the time of the personal injury, property damage, or
   34  death, the contractor was in compliance with contract documents
   35  material to the condition that was the proximate cause of the
   36  personal injury, property damage, or death.
   37         (c)(a) The limitations limitation on liability contained in
   38  this subsection do does not apply when the proximate cause of
   39  the personal injury, property damage, or death is a latent
   40  condition, defect, error, or omission that was created by the
   41  contractor and not a defect, error, or omission in the contract
   42  documents; or when the proximate cause of the personal injury,
   43  property damage, or death was the contractor’s failure to
   44  perform, update, or comply with the maintenance of the traffic
   45  control plans safety plan as required by the contract documents.
   46         (d)(b) Nothing in This subsection may not shall be
   47  interpreted or construed as relieving the contractor of any
   48  obligation to provide the department of Transportation with
   49  written notice of any apparent error or omission in the contract
   50  documents, or as relieving the contractor of his or her contract
   51  responsibility to manage the work of others performing under the
   52  contract.