| 15 | 15 | | An act relating to sovereign immunity for professional 2 |
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| 16 | 16 | | firms; amending s. 768.28, F.S.; providing 3 |
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| 17 | 17 | | applicability; requiring that contracts with certain 4 |
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| 18 | 18 | | professional firms must, to the extent permitted by 5 |
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| 19 | 19 | | law, provide indemnity to the Department of 6 |
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| 20 | 20 | | Transportation; making technical changes; providing an 7 |
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| 21 | 21 | | effective date. 8 |
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| 22 | 22 | | 9 |
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| 23 | 23 | | Be It Enacted by the Legislature of the State of Florida: 10 |
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| 24 | 24 | | 11 |
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| 25 | 25 | | Section 1. Paragraph (e) of subsection (10) of section 12 |
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| 26 | 26 | | 768.28, Florida Statutes, is amended to read: 13 |
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| 27 | 27 | | 768.28 Waiver of sovereign immunity in tort actions; 14 |
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| 28 | 28 | | recovery limits; civil liability for damages caused during a 15 |
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| 29 | 29 | | riot; limitation on attorney fees; statute of limitations; 16 |
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| 30 | 30 | | exclusions; indemnification; risk management programs. — 17 |
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| 31 | 31 | | (10) 18 |
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| 32 | 32 | | (e) For purposes of this section, a professional firm that 19 |
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| 33 | 33 | | provides monitoring and inspection services of the work required 20 |
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| 34 | 34 | | for state roadway, bridge, or other transportation facility 21 |
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| 35 | 35 | | construction projects, or any employee of a firm the firm's 22 |
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| 36 | 36 | | employees performing such services, is shall be considered an 23 |
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| 37 | 37 | | agent agents of the Department of Transportation while acting 24 |
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| 38 | 38 | | within the scope of the firm's contract with the Department of 25 |
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| 46 | 46 | | Page 2 of 2 |
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| 47 | 47 | | 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 |
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| 48 | 48 | | |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | Transportation to ensure that the project is constructed in 26 |
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| 52 | 52 | | conformity with the project's plans, specifications, and 27 |
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| 53 | 53 | | contract provisions. This paragraph applies to a professional 28 |
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| 54 | 54 | | firm that is in direct contract with the Department of 29 |
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| 55 | 55 | | Transportation, as well as any professio nal firm providing 30 |
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| 56 | 56 | | monitoring and inspection services as a consultant to the 31 |
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| 57 | 57 | | professional firm that is in direct contract with the Department 32 |
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| 58 | 58 | | of Transportation. Any contract with a between the professional 33 |
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| 59 | 59 | | firm must and the state, to the extent permitted b y law, shall 34 |
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| 60 | 60 | | provide for the indemnification of the Department of 35 |
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| 61 | 61 | | Transportation for any liability, including reasonable attorney 36 |
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| 62 | 62 | | attorney's fees, incurred up to the limits set out in this 37 |
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| 63 | 63 | | chapter to the extent caused by the negligence of the firm or 38 |
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| 64 | 64 | | its employees. This paragraph may shall not be construed as 39 |
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| 65 | 65 | | designating persons who provide monitoring and inspection 40 |
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| 66 | 66 | | services as employees or agents of the state for purposes of 41 |
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| 67 | 67 | | chapter 440. This paragraph is not applicable to the 42 |
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| 68 | 68 | | professional firm or its empl oyees if involved in an accident 43 |
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| 69 | 69 | | while operating a motor vehicle. This paragraph is not 44 |
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| 70 | 70 | | applicable to a firm engaged by the Department of Transportation 45 |
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| 71 | 71 | | for the design or construction of a state roadway, bridge, or 46 |
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| 72 | 72 | | other transportation facility constructio n project or to its 47 |
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| 73 | 73 | | employees, agents, or subcontractors. 48 |
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| 74 | 74 | | Section 2. This act shall take effect July 1, 2024. 49 |
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