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