House Bill 0243

    Florida House of Representatives - 1999                 HB 243

        By Representative Trovillion






  1                      A bill to be entitled

  2         An act relating to public property and publicly

  3         owned buildings; amending s. 255.05, F.S.;

  4         specifying conditions under which suits may be

  5         brought by and against a public authority with

  6         respect to specified public works projects;

  7         providing for rights, obligations, remedies,

  8         and defenses of the public authority and the

  9         contractor; excluding specified basis of

10         liability; providing for construction of the

11         act; limiting extent of liability for any

12         employee or agent of the public authority;

13         providing an effective date.

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

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17         Section 1.  Subsection (9) is added to section 255.05,

18  Florida Statutes, 1998 Supplement, to read:

19         255.05  Bond of contractor constructing public

20  buildings; form; action by materialmen.--

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

22  authority requires a performance and payment bond, suits at

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

24  the public authority on any contract claim arising from breach

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

26  agreement or a written directive issued by the public

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

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

29  same rights, obligations, remedies, and defenses as a private

30  person under a like contract, except that no liability may be

31  based on an oral modification of either the written contract

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






    Florida House of Representatives - 1999                 HB 243

    563-151-99






  1  or written directive. However, this subsection shall not be

  2  construed to in any way prohibit the public authority from

  3  limiting its liability or damages through provisions in its

  4  contracts. Notwithstanding anything to the contrary contained

  5  in this subsection, no employee or agent of the public

  6  authority may be held personally liable to an extent greater

  7  than the limits prescribed by s. 768.28.

  8         Section 2.  This act shall take effect upon becoming a

  9  law.

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12                          HOUSE SUMMARY

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      With respect to public works projects for which a public
14    authority requires a performance and payment bond,
      specifies conditions under which suits may be brought by
15    and against the public authority. Provides for rights,
      obligations, remedies, and defenses of the public
16    authority and the contractor. Excludes specified basis of
      liability. Provides for construction of the act. Limits
17    extent of liability for any employee or agent of the
      public authority.
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