Florida Senate - 2024 SB 1534 By Senator Bradley 6-00427A-24 20241534__ 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; providing that professional firms or 4 their employees when performing specified services for 5 certain public projects are considered agents of the 6 state or its applicable subdivision when acting within 7 the scope of their contract; revising applicability; 8 requiring that contracts with such firms must, to the 9 extent permitted by law, provide indemnity to the 10 state or its applicable subdivision; providing 11 applicability; making technical changes; providing an 12 effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1.Paragraph (e) of subsection (10) of section 17 768.28, Florida Statutes, is amended to read: 18 768.28Waiver of sovereign immunity in tort actions; 19 recovery limits; civil liability for damages caused during a 20 riot; limitation on attorney fees; statute of limitations; 21 exclusions; indemnification; risk management programs. 22 (10) 23 (e)For purposes of this section, a professional firm that 24 provides monitoring and inspection services of the work required 25 for state roadway, bridge, or other transportation facility 26 construction projects, or any employee of a firm the firms 27 employees performing such services, is shall be considered an 28 agent agents of the state or of its applicable subdivision 29 Department of Transportation while acting within the scope of 30 the firms contract with the Department of Transportation to 31 ensure that the project is constructed in conformity with the 32 projects plans, specifications, and contract provisions. This 33 paragraph applies to a professional firm in direct contract with 34 the state or any of its subdivisions, as well as any 35 professional firm providing monitoring and inspection services 36 as a subconsultant. Any contract with a between the professional 37 firm must and the state, to the extent permitted by law, shall 38 provide for the indemnification of the state or its applicable 39 subdivision department for any liability, including reasonable 40 attorney attorneys fees, incurred up to the limits set out in 41 this chapter to the extent caused by the negligence of the firm 42 or its employees. This paragraph may shall not be construed as 43 designating persons who provide monitoring and inspection 44 services as employees or agents of the state for purposes of 45 chapter 440. This paragraph is not applicable to the 46 professional firm or its employees if involved in an accident 47 while operating a motor vehicle. This paragraph is not 48 applicable to a firm engaged by the state or by any of its 49 subdivisions Department of Transportation for the design or 50 construction of a state roadway, bridge, or other transportation 51 facility construction project or to its employees, agents, or 52 subcontractors. 53 Section 2.This act shall take effect July 1, 2024.