ENROLLED CS/CS/HB 619 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0619-03-er Page 1 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 1 An act relating to sovereign immunity for professional 2 firms; amending s. 768.28, F.S.; providing 3 applicability; requiring that contracts with certain 4 professional firms must, to the extent permitted by 5 law, provide indemnity to the Department of 6 Transportation; making technical changes; providing an 7 effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraph (e) of subsection (10) of section 12 768.28, Florida Statutes, is amended to read: 13 768.28 Waiver of sovereign immunity in tort actions; 14 recovery limits; civil liability for damages caused during a 15 riot; limitation on attorney fees; statute of limitations; 16 exclusions; indemnification; risk management programs. — 17 (10) 18 (e) For purposes of this section, a professional firm that 19 provides monitoring and inspection services of the work required 20 for state roadway, bridge, or other transportation facility 21 construction projects, or any employee of a firm the firm's 22 employees performing such services, is shall be considered an 23 agent agents of the Department of Transportation while acting 24 within the scope of the firm's contract with the Department of 25 ENROLLED CS/CS/HB 619 2024 Legislature CODING: Words stricken are deletions; words underlined are additions. hb0619-03-er 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 Transportation to ensure that the project is constructed in 26 conformity with the project's plans, specifications, and 27 contract provisions. This paragraph applies to a professional 28 firm that is in direct contract with the Department of 29 Transportation, as well as any professio nal firm providing 30 monitoring and inspection services as a consultant to the 31 professional firm that is in direct contract with the Department 32 of Transportation. Any contract with a between the professional 33 firm must and the state, to the extent permitted b y law, shall 34 provide for the indemnification of the Department of 35 Transportation for any liability, including reasonable attorney 36 attorney's fees, incurred up to the limits set out in this 37 chapter to the extent caused by the negligence of the firm or 38 its employees. This paragraph may shall not be construed as 39 designating persons who provide monitoring and inspection 40 services as employees or agents of the state for purposes of 41 chapter 440. This paragraph is not applicable to the 42 professional firm or its empl oyees if involved in an accident 43 while operating a motor vehicle. This paragraph is not 44 applicable to a firm engaged by the Department of Transportation 45 for the design or construction of a state roadway, bridge, or 46 other transportation facility constructio n project or to its 47 employees, agents, or subcontractors. 48 Section 2. This act shall take effect July 1, 2024. 49