Bill Text: FL S1964 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Comm_Sub.html

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Florida Senate - 2010                             CS for SB 1964 
 
By the Committee on Regulated Industries; and Senator Negron 
580-03627-10                                          20101964c1 
1                        A bill to be entitled 
2         An act relating to design professionals; amending s. 
3         725.08, F.S.; limiting the liability of design 
4         professionals for certain economic damages resulting 
5         from the performance of professional services that are 
6         the subject of a contract under certain circumstances; 
7         providing an effective date. 
8 
9  Be It Enacted by the Legislature of the State of Florida: 
10 
11         Section 1. Section 725.08, Florida Statutes, is amended to 
12  read: 
13         725.08 Design professional contracts; limitations on 
14  limitation in indemnification and liability.— 
15         (1) Notwithstanding the provisions of s. 725.06, if a 
16  design professional provides professional services to or for a 
17  public agency, the agency may require in a professional services 
18  contract with the design professional that the design 
19  professional indemnify and hold harmless the agency, and its 
20  officers and employees, from liabilities, damages, losses, and 
21  costs, including, but not limited to, reasonable attorneys’ 
22  fees, to the extent caused by the negligence, recklessness, or 
23  intentionally wrongful conduct of the design professional and 
24  other persons employed or used utilized by the design 
25  professional in the performance of the contract. 
26         (2) Except as specifically provided in subsection (1), a 
27  professional services contract entered into with a public agency 
28  may not require that the design professional defend, indemnify, 
29  or hold harmless the agency, its employees, officers, directors, 
30  or agents from any liability, damage, loss, claim, action, or 
31  proceeding, and any such contract provision is shall be void as 
32  against the public policy of this state. 
33         (3) Notwithstanding any other law, a party to a 
34  professional services contract does not have a cause of action 
35  in tort against a design professional for the recovery of purely 
36  economic damages that are caused by the design professional’s 
37  negligence or malpractice committed in the performance of the 
38  professional services contract if the design professional 
39  maintains, as specified in the contract, insurance covering the 
40  design professional’s liability for the performance of the 
41  professional services rendered under the contract or the design 
42  professional is protected by statutory liability limitations for 
43  public agencies and their employees, and if the professional 
44  services contract does not purport to limit the liability of the 
45  design professional to less than the insurance coverage 
46  specified in the contract. This subsection does not: 
47         (a) Apply to claims for economic damages resulting from 
48  personal injury or damage to property other than the property 
49  that is the subject of the professional services contract. 
50         (b) Affect contracts or agreements entered into, or 
51  professional services performed, before the effective date of 
52  this subsection. 
53         (4) As used in this section, the term: 
54         (a)(3) “Professional services contract” means a written or 
55  oral agreement relating to the planning, design, construction, 
56  administration, study, evaluation, consulting, or other 
57  professional and technical support services furnished in 
58  connection with any actual or proposed construction, 
59  improvement, alteration, repair, maintenance, operation, 
60  management, relocation, demolition, excavation, or other 
61  facility, land, air, water, or utility development or 
62  improvement. 
63         (b)(4) “Design professional” means an individual or entity 
64  licensed by the state who holds a current certificate of 
65  registration under chapter 481 to practice architecture or 
66  landscape architecture, under chapter 472 to practice land 
67  surveying and mapping, or under chapter 471 to practice 
68  engineering, and who enters into a professional services 
69  contract. 
70         (5) This section does not affect contracts or agreements 
71  entered into before the effective date of this section. 
72         Section 2. This act shall take effect July 1, 2010.