Senate Bill 0240c1

    Florida Senate - 1999                    CS for SB's 240 & 810

    By the Committee on Fiscal Policy and Senators Sebesta, Lee,
    Casas, Latvala and Clary




    309-1863-99

  1                      A bill to be entitled

  2         An act relating to suits by and against the

  3         Department of Transportation and public

  4         authorities; amending s. 337.19, F.S.; revising

  5         provisions governing suits at law and in equity

  6         brought by or against the department with

  7         respect to breach of an express provision or an

  8         implied covenant of a written agreement or a

  9         written directive issued by the department

10         pursuant to the written agreement; providing

11         for rights and obligations; prohibiting

12         liability under certain circumstances;

13         providing exceptions with respect to liability;

14         amending s. 255.05, F.S.; specifying conditions

15         under which suits may be brought by and against

16         a public authority with respect to specified

17         public works projects; providing for rights and

18         obligations of the public authority and the

19         contractor; excluding specified basis of

20         liability; providing for construction of the

21         act; providing an effective date.

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23  Be It Enacted by the Legislature of the State of Florida:

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25         Section 1.  Subsection (1) of section 337.19, Florida

26  Statutes, is amended to read:

27         337.19  Suits by and against department; limitation of

28  actions; forum.--

29         (1)  Suits at law and in equity may be brought and

30  maintained by and against the department on any contract claim

31  arising from breach of an express provision or an implied

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for SB's 240 & 810
    309-1863-99




  1  covenant of a written agreement or a written directive issued

  2  by the department pursuant to the written agreement. In any

  3  such suit, the department and the contractor shall have all of

  4  the same rights and obligations as a private person under a

  5  like contract, except that no liability may be based on an

  6  oral modification of either the written contract or written

  7  directive. This section shall not be construed to waive the

  8  sovereign immunity of the state and its political subdivisions

  9  against equitable claims and equitable remedies.

10  Notwithstanding anything to the contrary contained in this

11  section, no employee or agent of the department may be held

12  personally liable to an extent greater than that pursuant to

13  s. 768.28, under contract for work done; provided, that no

14  suit sounding in tort shall be maintained against the

15  department.

16         Section 2.  Subsection (9) is added to section 255.05,

17  Florida Statutes, 1998 Supplement, to read:

18         255.05  Bond of contractor constructing public

19  buildings; form; action by materialmen.--

20         (9)  On any public works project for which the public

21  authority requires a performance and payment bond, suits at

22  law and in equity may be brought and maintained by and against

23  the public authority on any contract claim arising from breach

24  of an express provision or an implied covenant of a written

25  agreement or a written directive issued by the public

26  authority pursuant to the written agreement. In any such suit,

27  the public authority and the contractor shall have all of the

28  same rights and obligations as a private person under a like

29  contract, except that no liability may be based on an oral

30  modification of either the written contract or written

31  directive. However, this subsection shall not be construed to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1999                    CS for SB's 240 & 810
    309-1863-99




  1  waive the sovereign immunity of the state and its political

  2  subdivisions against equitable claims and equitable remedies.

  3         Section 3.  This act shall take effect upon becoming a

  4  law, except that section 2 shall take effect July 1, 1999, and

  5  apply only to contracts entered on or after that date.

  6

  7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  8                         SBs 0240 and 810

  9

10  Consolidates the changes proposed to sections 337.19 and
    255.05 in SB 240 and SB 810.
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    Specifies the conditions under which suits may be brought by
12  and against the Department of Transportation on contract
    claims and on any public works project for which the authority
13  requires a performance and payment bond.

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