House Bill 0311

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







    Florida House of Representatives - 1999                 HB 311

        By Representative Fuller






  1                      A bill to be entitled

  2         An act relating to suits by and against the

  3         Department of Transportation; amending s.

  4         337.19, F.S.; revising language with respect to

  5         suits at law and in equity brought by or

  6         against the department with respect to breach

  7         of an express provision or an implied covenant

  8         of a written agreement or a written directive

  9         issued by the department pursuant to the

10         written agreement; providing for rights,

11         obligations, remedies, and defenses;

12         prohibiting liability under certain

13         circumstances; providing exceptions with

14         respect to liability; providing an effective

15         date.

16

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

18

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

20  Statutes, is amended to read:

21         337.19  Suits by and against department; limitation of

22  actions; forum.--

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

24  maintained by and against the department on any contract claim

25  arising from breach of an express provision or an implied

26  covenant of a written agreement or a written directive issued

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

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

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

30  private person under a like contract, except that no liability

31  may be based on an oral modification of either the written

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






    Florida House of Representatives - 1999                 HB 311

    527-154-99






  1  contract or written directive. This section shall not be

  2  construed to in any way prohibit the department from limiting

  3  its liability or damages through provisions in its contracts.

  4  Notwithstanding anything to the contrary contained in this

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

  6  personally liable to an extent greater than that pursuant to

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

  8  suit sounding in tort shall be maintained against the

  9  department.

10         (2)  Suits by and against the department under this

11  section shall be commenced within 820 days of the final

12  acceptance of the work.  This section shall apply to all

13  contracts entered into after June 30, 1993.

14         (3)  Any action or suit brought against the department

15  shall be brought in the county or counties where the cause of

16  action accrued, or in the county of the department's district

17  headquarters responsible for the work, or in Leon County.

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

19  law.

20

21            *****************************************

22                          HOUSE SUMMARY

23
      Provides that suits at law and in equity may be brought
24    and maintained by and against the Department of
      Transportation on any contract claim arising from breach
25    of an express provision or implied covenant of a written
      agreement or a written directive issued by the department
26    pursuant to the written agreement. Provides that, in any
      such suit, the department and the contractor shall have
27    all of the same rights, obligations, remedies, and
      defenses as a private person under a like contract,
28    except that no liability may be based on an oral
      modification of either the written contract or written
29    directive. Provides that the act shall not be construed
      to in any way prohibit the department from limiting its
30    liability or damages through provisions in its contracts.
      Limits liability of employees or agents of the
31    department. See bill for details.

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