HB 619 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0619-00
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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 sovereign immunity for professional 2
firms; amending s. 768.28, F.S.; providing that 3
professional firms or their employees when performing 4
specified services for certain public projects are 5
considered agents of the state or its applicable 6
subdivision when acting within the scope of their 7
contract; revising applicability; requiring that 8
contracts with such firms must, to the extent 9
permitted by law, provide indemnity to the state or 10
its applicable subdivision; providing applicability; 11
making technical changes; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Paragraph (e) of subsection (10) of section 16
768.28, Florida Statutes, is amended to read: 17
768.28 Waiver of sovereign immunity in tort actions; 18
recovery limits; civil liability for damages caused during a 19
riot; limitation on attorney fees; statute of limitations; 20
exclusions; indemnification; risk management programs. — 21
(10) 22
(e) For purposes of this section, a professional firm that 23
provides monitoring and inspection services of the work required 24
for state roadway, bridge, or other transportation facility 25
HB 619 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0619-00
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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
construction projects, or a ny employee of a firm the firm's 26
employees performing such services, is shall be considered an 27
agent agents of the state or of its applicable subdivision 28
Department of Transportation while acting within the scope of 29
the firm's contract with the Department of Transportation to 30
ensure that the project is constructed in conformity with the 31
project's plans, specifications, and contract provisions. This 32
paragraph applies to a professional firm in direct contract with 33
the state or any of its subdivisions, as well as any 34
professional firm providing monitoring and inspection services 35
as a consultant to a professional firm. Any contract with a 36
between the professional firm must and the state, to the extent 37
permitted by law, shall provide for the indemnification of th e 38
state or its applicable subdivision department for any 39
liability, including reasonable attorney attorney's fees, 40
incurred up to the limits set out in this chapter to the extent 41
caused by the negligence of the firm or its employees. This 42
paragraph may shall not be construed as designating persons who 43
provide monitoring and inspection services as employees or 44
agents of the state for purposes of chapter 440. This paragraph 45
is not applicable to the professional firm or its employees if 46
involved in an accident while operating a motor vehicle. This 47
paragraph is not applicable to a firm engaged by the state or by 48
any of its subdivisions Department of Transportation for the 49
design or construction of a state roadway, bridge, or other 50
HB 619 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0619-00
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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
transportation facility constru ction project or to its 51
employees, agents, or subcontractors. 52
Section 2. This act shall take effect July 1, 2024. 53