CS/HB 1159 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1159-01-c1
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to contractual services contract 2
liability limits; amending s. 287.058, F.S.; requiring 3
certain contract documents to include a specified 4
provision that provides certain liability limits; 5
providing an effective date. 6
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Be It Enacted by the Legislature of the State of Florida: 8
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Section 1. Subsection (8) is added to section 287.058, 10
Florida Statutes, to read: 11
287.058 Contract document .— 12
(8) In addition to any other provision required to be 13
included, the written agreement for a procurement of contractual 14
services in excess of the threshold amount provided in s. 15
287.017 for CATEGORY TWO must include the following provision: 16
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For all claims against the Contractor under any 18
contract or purchase order, and regardless of the 19
basis on which the claim is made, the Contractor's 20
liability for direct damages under a contract or 21
purchase order shall be limited to the greater of 22
$100,000, the dollar amount of the contract or 23
purchase order, or two times the charges rendered by 24
the Contractor under the purchase order. This 25
CS/HB 1159 2023
CODING: Words stricken are deletions; words underlined are additions.
hb1159-01-c1
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
limitation shall not apply to claims arising under the 26
Indemnity paragraph contained in this agreement. 27
Unless otherwise specifi cally enumerated in the 28
Contract or in the purchase order, no party shall be 29
liable to another for special, indirect, punitive, or 30
consequential damages, including lost data or records 31
(unless the contract or purchase order requires the 32
Contractor to back-up data or records), even if the 33
party has been advised that such damages are possible. 34
No party shall be liable for lost profits, lost 35
revenue, or lost institutional operating savings. The 36
State and Customer may, in addition to other remedies 37
available to them at law or equity and upon notice to 38
the Contractor, retain such monies from amounts due 39
Contractor as may be necessary to satisfy any claim 40
for damages, penalties, costs and the like asserted by 41
or against them. The State may set off any liability 42
or other obligation of the Contractor or its 43
affiliates to the State against any payments due the 44
Contractor under any contract with the State. 45
Section 2. This act shall take effect July 1, 2023. 46