Florida Senate - 2024 CS for SB 1534 By the Committee on Judiciary; and Senator Bradley 590-02609-24 20241534c1 1 A bill to be entitled 2 An act relating to sovereign immunity; amending s. 3 768.28, F.S.; revising applicability; requiring that 4 contracts with such firms must, to the extent 5 permitted by law, provide indemnity to the department; 6 making technical changes; providing an effective date. 7 8 Be It Enacted by the Legislature of the State of Florida: 9 10 Section 1.Paragraph (e) of subsection (10) of section 11 768.28, Florida Statutes, is amended to read: 12 768.28Waiver of sovereign immunity in tort actions; 13 recovery limits; civil liability for damages caused during a 14 riot; limitation on attorney fees; statute of limitations; 15 exclusions; indemnification; risk management programs. 16 (10) 17 (e)For purposes of this section, a professional firm that 18 provides monitoring and inspection services of the work required 19 for state roadway, bridge, or other transportation facility 20 construction projects, or any employee of a firm the firms 21 employees performing such services, is shall be considered an 22 agent agents of the Department of Transportation while acting 23 within the scope of the firms contract with the Department of 24 Transportation to ensure that the project is constructed in 25 conformity with the projects plans, specifications, and 26 contract provisions. This paragraph applies to a professional 27 firm in direct contract with the department, as well as any 28 professional firm providing monitoring and inspection services 29 as a consultant to the professional firm that is in direct 30 contract with the department. Any contract with a between the 31 professional firm must and the state, to the extent permitted by 32 law, shall provide for the indemnification of the department for 33 any liability, including reasonable attorney attorneys fees, 34 incurred up to the limits set out in this chapter to the extent 35 caused by the negligence of the firm or its employees. This 36 paragraph may shall not be construed as designating persons who 37 provide monitoring and inspection services as employees or 38 agents of the state for purposes of chapter 440. This paragraph 39 is not applicable to the professional firm or its employees if 40 involved in an accident while operating a motor vehicle. This 41 paragraph is not applicable to a firm engaged by the department 42 of Transportation for the design or construction of a state 43 roadway, bridge, or other transportation facility construction 44 project or to its employees, agents, or subcontractors. 45 Section 2.This act shall take effect July 1, 2024.