Bill Text: FL S1964 | 2010 | Regular Session | Enrolled
Bill Title: Design Professionals [CPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2010-07-20 - Veto Message received (2010-C) -SJ 00004; Veto Message referred to Rules -SJ 00005 [S1964 Detail]
Download: Florida-2010-S1964-Enrolled.html
ENROLLED 2010 Legislature CS for CS for SB 1964, 1st Engrossed 20101964er 1 2 An act relating to design professionals; creating s. 3 558.0035, F.S.; providing for limited liability for 4 engineers, surveyors and mappers, architects, interior 5 designers, and registered landscape architects as a 6 result of construction defects resulting from the 7 performance of a contract; providing that, if a 8 contract requires professional liability insurance, 9 the contract may not limit the liability of the design 10 professional inconsistent with the insurance 11 requirements; providing exceptions to the limitation 12 of liability of the design professional; amending ss. 13 471.023, 472.021, 481.219, and 481.319, F.S.; 14 conforming sections to the limitation of liability for 15 certain design professionals provided in s. 558.0035, 16 F.S.; providing cross-references to s. 558.0035, F.S.; 17 providing that the act does not affect contracts or 18 agreements entered into, or professional services 19 performed, before July 1, 2010; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 558.0035, Florida Statutes, is created 25 to read: 26 558.0035 Limitation of liability.— 27 (1) A claimant contracting for the professional services of 28 a design professional does not have a cause of action in tort 29 against the design professional for the recovery of economic 30 damages resulting from a construction defect. 31 (2) If the contract requires professional liability 32 insurance, the contract may not limit the liability of the 33 design professional inconsistent with such insurance 34 requirements. 35 (3) This section does not apply: 36 (a) To claims for economic damages resulting from personal 37 injury or damage to property other than the property that is the 38 subject of the contract; or 39 (b) If the contract requires professional liability 40 insurance and the contracting party fails to maintain insurance 41 coverage as specified in the contract. 42 Section 2. Subsection (3) of section 471.023, Florida 43 Statutes, is amended to read: 44 471.023 Certification of business organizations.— 45 (3) Except as provided in s. 558.0035, the fact that a 46 licensed engineer practices through a business organization does 47 not relieve the licensee from personal liability for negligence, 48 misconduct, or wrongful acts committed by him or her. 49 Partnerships and all partners shall be jointly and severally 50 liable for the negligence, misconduct, or wrongful acts 51 committed by their agents, employees, or partners while acting 52 in a professional capacity. Any officer, agent, or employee of a 53 business organization other than a partnership shall be 54 personally liable and accountable only for negligent acts, 55 wrongful acts, or misconduct committed by him or her or 56 committed by any person under his or her direct supervision and 57 control, while rendering professional services on behalf of the 58 business organization. The personal liability of a shareholder 59 or owner of a business organization, in his or her capacity as 60 shareholder or owner, shall be no greater than that of a 61 shareholder-employee of a corporation incorporated under chapter 62 607. The business organization shall be liable up to the full 63 value of its property for any negligent acts, wrongful acts, or 64 misconduct committed by any of its officers, agents, or 65 employees while they are engaged on its behalf in the rendering 66 of professional services. 67 Section 3. Subsection (3) of section 472.021, Florida 68 Statutes, is amended to read: 69 472.021 Certification of partnerships and corporations.— 70 (3) Except as provided in s. 558.0035, the fact that any 71 registered surveyor and mapper practices through a corporation 72 or partnership shall not relieve the registrant from personal 73 liability for negligence, misconduct, or wrongful acts committed 74 by him or her. Partnerships and all partners shall be jointly 75 and severally liable for the negligence, misconduct, or wrongful 76 acts committed by their agents, employees, or partners while 77 acting in a professional capacity. Any officer, agent, or 78 employee of a business organization other than a partnership 79 shall be personally liable and accountable only for negligent 80 acts, wrongful acts, or misconduct committed by him or her or 81 committed by any person under his or her direct supervision and 82 control while rendering professional services on behalf of the 83 business organization. The personal liability of a shareholder 84 or owner of a business organization, in his or her capacity as 85 shareholder or owner, shall be no greater than that of a 86 shareholder-employee of a corporation incorporated under chapter 87 607. The business organization shall be liable up to the full 88 value of its property for any negligent acts, wrongful acts, or 89 misconduct committed by any of its officers, agents, or 90 employees while they are engaged on its behalf in the rendering 91 of professional services. 92 Section 4. Subsection (11) of section 481.219, Florida 93 Statutes, is amended to read: 94 481.219 Certification of partnerships, limited liability 95 companies, and corporations.— 96 (11) No corporation, limited liability company, or 97 partnership shall be relieved of responsibility for the conduct 98 or acts of its agents, employees, or officers by reason of its 99 compliance with this section. However, except as provided in s. 100 558.0035, the architect who signs and seals the construction 101 documents and instruments of service shall be liable for the 102 professional services performed, and the interior designer who 103 signs and seals the interior design drawings, plans, or 104 specifications shall be liable for the professional services 105 performed. 106 Section 5. Subsection (6) of section 481.319, Florida 107 Statutes, is amended to read: 108 481.319 Corporate and partnership practice of landscape 109 architecture; certificate of authorization.— 110 (6) Except as provided in s. 558.0035, the fact that 111 registered landscape architects practice landscape architecture 112 through a corporation or partnership as provided in this section 113 shall not relieve any landscape architect from personal 114 liability for his or her professional acts. 115 Section 6. This act does not apply to contracts or 116 agreements entered into, or professional services performed, 117 before July 1, 2010. 118 Section 7. This act shall take effect July 1, 2010.
