Florida 2024 Regular Session

Florida House Bill H0619 Latest Draft

Bill / Enrolled Version Filed 03/05/2024

                                    
ENROLLED 
CS/CS/HB 619  	2024 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
hb0619-03-er 
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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 
 
 
 
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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