Florida Senate - 2026                                     SB 384
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00742-26                                            2026384__
    1                        A bill to be entitled                      
    2         An act relating to Department of Transportation
    3         contractor liability; amending s. 337.195, F.S.;
    4         providing that a contractor is considered an agent of
    5         the state in certain circumstances; requiring contract
    6         documents to indemnify the department for liability
    7         caused by the negligence of the contractor or its
    8         employees; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsection (6) is added to section 337.195,
   13  Florida Statutes, to read:
   14         337.195 Limits on liability.—
   15         (6) For purposes of this section, a contractor is
   16  considered an agent of the state while acting within the scope
   17  of the contract documents. The contract documents must, to the
   18  extent permitted by law, provide for the indemnification of the
   19  department for any liability, including reasonable attorney
   20  fees, incurred up to the limits set forth in this chapter to the
   21  extent that such liability is caused by the negligence of the
   22  contractor or its employees.
   23         Section 2. This act shall take effect July 1, 2026.