CS/HB 619 2024
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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
CS/HB 619 2024
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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 in direct contract with 36
the state or any of its subdivisions. Any contract with a 37
between the professional firm must and the state, to the extent 38
permitted by law, shall provide for the indemnification of the 39
state or its applicable subdivision department for any 40
liability, including reasonable attorney attorney's fees, 41
incurred up to the limits set out in this chapter to the extent 42
caused by the negligence of the firm or its employees. This 43
paragraph may shall not be construed as designating persons who 44
provide monitoring and inspection services as employees or 45
agents of the state for purposes of chapter 440. This paragraph 46
is not applicable to the professional firm or its employees if 47
involved in an accident while operating a motor vehicle. This 48
paragraph is not applicable to a firm engaged by the state or by 49
any of its subdivisions Department of Transportation for the 50
CS/HB 619 2024
CODING: Words stricken are deletions; words underlined are additions.
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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
design or construction of a st ate roadway, bridge, or other 51
transportation facility construction project or to its 52
employees, agents, or subcontractors. 53
Section 2. This act shall take effect July 1, 2024. 54