Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 460
                        Barcode 452366
                            CHAMBER ACTION
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11  The Committee on Governmental Oversight and Productivity
12  (Argenziano) recommended the following amendment:
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14         Senate Amendment 
15         On page 4, line 28, through
16            page 5, line 21, delete those lines
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18  and insert:  
19         (1)  In a civil action for the death of or injury to a
20  person, or for damage to property, against the Department of
21  Transportation or its agents, consultants, or contractors for
22  work performed on a highway, road, street, bridge, or other
23  transportation facility when the death, injury, or damage
24  resulted from a motor vehicle crash within a construction zone
25  in which the driver of a vehicle was under the influence of
26  alcoholic beverages as set forth in s. 316.193, under the
27  influence of any chemical substance as set forth in s.
28  877.111, or illegally under the influence of any substance
29  controlled under chapter 893 to the extent that her or his
30  normal faculties were impaired, or operated a vehicle at an
31  unlawful speed as prohibited in s. 316.183, it is presumed
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    Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. CS for SB 460
                        Barcode 452366
 1  that such driver's operation of the vehicle was the sole
 2  proximate cause of his or her death, injury, or damage. This
 3  presumption is overcome if the gross negligence or intentional
 4  misconduct of the department, its agents, consultants, or
 5  contractors was a proximate cause of the death, injury, or
 6  damage.
 7         (2)  After the Department of Transportation has
 8  accepted a completed roadway project, the contractor who
 9  constructed or repaired the highway, road, street, or bridge
10  for the department is not liable to a claimant for personal
11  injury, property damage, or death arising from the performance
12  of the construction or repair if, at the time of final
13  acceptance by the department, the contractor is in compliance
14  with the contract documents, department standards, and federal
15  standards that are material to the condition that was the
16  proximate cause of the personal injury, property damage, or
17  death. The limitation on liability in this subsection does not
18  apply to a hidden or undiscoverable condition or defect that
19  was created by the contractor.
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