Florida Senate - 2026                                     SB 888
       
       
        
       By Senator Martin
       
       
       
       
       
       33-00430-26                                            2026888__
    1                        A bill to be entitled                      
    2         An act relating to professional services contracts;
    3         amending s. 725.08, F.S.; providing that a
    4         professional services contract between a design
    5         professional and a contracting party, rather than
    6         between a design professional and a public agency, may
    7         require the design professional to indemnify and hold
    8         harmless the contracting party, and its officers and
    9         employees, only against certain liability and damages;
   10         providing that all professional services contracts,
   11         rather than professional services contracts entered
   12         into with a public agency, may not require the design
   13         professional to defend, indemnify, or hold harmless
   14         the contracting party or its employees, officers,
   15         directors, or agents; declaring that such a contract
   16         provision is void as against public policy; specifying
   17         that a professional services contract must require a
   18         design professional to perform to a certain level of
   19         professional skill and care; prohibiting a
   20         professional services contract from subjecting a
   21         design professional to a different standard of care;
   22         providing applicability; prohibiting a professional
   23         services contract from requiring a design professional
   24         to list additional insureds on its policy; providing
   25         an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Present subsections (3), (4), and (5) of section
   30  725.08, Florida Statutes, are redesignated as subsections (5),
   31  (6), and (7), respectively, new subsections (3) and (4) are
   32  added to that section, and subsections (1) and (2) and present
   33  subsection (5) of that section are amended, to read:
   34         725.08 Design professional contracts; limitation in
   35  indemnification.—
   36         (1) Notwithstanding the provisions of s. 725.06, if a
   37  design professional provides professional services to or for a
   38  contracting party public agency, the contracting party agency
   39  may require in a professional services contract with the design
   40  professional that the design professional indemnify and hold
   41  harmless the contracting party agency, and its officers and
   42  employees, from liabilities, damages, losses, and costs,
   43  including, but not limited to, reasonable attorney attorneys’
   44  fees, only to the extent caused by the negligence, recklessness,
   45  or intentionally wrongful conduct of the design professional and
   46  other persons employed or used utilized by the design
   47  professional in the performance of the contract.
   48         (2) Except as specifically provided in subsection (1), a
   49  professional services contract entered into with a public agency
   50  may not require that the design professional defend, indemnify,
   51  or hold harmless the contracting party or agency, its employees,
   52  officers, directors, or agents from any liability, damage, loss,
   53  claim, action, or proceeding, and any such contract provision is
   54  shall be void as against the public policy of this state.
   55         (3)(a) A professional services contract must require the
   56  design professional to perform the services with the level of
   57  professional skill and care ordinarily provided by a competent
   58  design professional practicing under the same or similar
   59  circumstances and professional licenses as expeditiously as is
   60  prudent.
   61         (b) A professional services contract may not subject a
   62  design professional to a standard of care different than that
   63  provided in paragraph (a).
   64         (c) If the standard of care in a professional services
   65  contract differs from the professional skill and care as
   66  described in paragraph (a), paragraph (a) applies.
   67         (4) A professional services contract may not require a
   68  design professional to list a contracting party or any other
   69  person or entity as an additional insured on the design
   70  professional’s policy of professional liability insurance.
   71         (7)(5) This section does not affect contracts or agreements
   72  entered into before July 1, 2026 the effective date of this
   73  section.
   74         Section 2. This act shall take effect July 1, 2026.