| 1 | A bill to be entitled |
| 2 | An act relating to design professionals; creating s. |
| 3 | 558.0035, F.S.; providing for limited liability for |
| 4 | engineers, surveyors and mappers, architects, interior |
| 5 | designers, and registered landscape architects as a result |
| 6 | of construction defects resulting from the performance of |
| 7 | a contract; providing that, if a contract requires |
| 8 | professional liability insurance, the contract may not |
| 9 | limit the liability of the design professional in a manner |
| 10 | that is inconsistent with the insurance requirements; |
| 11 | providing exceptions to the limitation of liability of the |
| 12 | design professional; amending ss. 471.023, 472.021, |
| 13 | 481.219, and 481.319, F.S.; conforming sections to the |
| 14 | limitation of liability for certain design professionals |
| 15 | provided in s. 558.0035, F.S.; providing cross-references |
| 16 | to s. 558.0035, F.S.; providing that the act does not |
| 17 | affect contracts or agreements entered into, or |
| 18 | professional services performed, before a specified date; |
| 19 | providing an effective date. |
| 20 |
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| 21 | Be It Enacted by the Legislature of the State of Florida: |
| 22 |
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| 23 | Section 1. Section 558.0035, Florida Statutes, is created |
| 24 | to read: |
| 25 | 558.0035 Limitation of liability.- |
| 26 | (1) A claimant contracting for the professional services |
| 27 | of a design professional does not have a cause of action in tort |
| 28 | against any design professional who performs professional |
| 29 | services within the scope of the claimant's contract for the |
| 30 | recovery of economic damages resulting from a construction |
| 31 | defect. |
| 32 | (2) If the contract requires professional liability |
| 33 | insurance, the contract may not limit the liability of the |
| 34 | design professional in a manner that is inconsistent with such |
| 35 | insurance requirements. |
| 36 | (3) This section does not apply: |
| 37 | (a) To claims for economic damages resulting from personal |
| 38 | injury or damage to property other than the property that is the |
| 39 | subject of the contract; or |
| 40 | (b) If the contract requires professional liability |
| 41 | insurance and the contracting party fails to maintain insurance |
| 42 | coverage as specified in the contract. |
| 43 | Section 2. Subsection (3) of section 471.023, Florida |
| 44 | Statutes, is amended to read: |
| 45 | 471.023 Certification of business organizations.- |
| 46 | (3) Except as provided in s. 558.0035, the fact that a |
| 47 | licensed engineer practices through a business organization does |
| 48 | not relieve the licensee from personal liability for negligence, |
| 49 | misconduct, or wrongful acts committed by him or her. |
| 50 | Partnerships and all partners shall be jointly and severally |
| 51 | liable for the negligence, misconduct, or wrongful acts |
| 52 | committed by their agents, employees, or partners while acting |
| 53 | in a professional capacity. Any officer, agent, or employee of a |
| 54 | business organization other than a partnership shall be |
| 55 | personally liable and accountable only for negligent acts, |
| 56 | wrongful acts, or misconduct committed by him or her or |
| 57 | committed by any person under his or her direct supervision and |
| 58 | control, while rendering professional services on behalf of the |
| 59 | business organization. The personal liability of a shareholder |
| 60 | or owner of a business organization, in his or her capacity as |
| 61 | shareholder or owner, shall be no greater than that of a |
| 62 | shareholder-employee of a corporation incorporated under chapter |
| 63 | 607. The business organization shall be liable up to the full |
| 64 | value of its property for any negligent acts, wrongful acts, or |
| 65 | misconduct committed by any of its officers, agents, or |
| 66 | employees while they are engaged on its behalf in the rendering |
| 67 | of professional services. |
| 68 | Section 3. Subsection (3) of section 472.021, Florida |
| 69 | Statutes, is amended to read: |
| 70 | 472.021 Certification of partnerships and corporations.- |
| 71 | (3) Except as provided in s. 558.0035, the fact that any |
| 72 | registered surveyor and mapper practices through a corporation |
| 73 | or partnership shall not relieve the registrant from personal |
| 74 | liability for negligence, misconduct, or wrongful acts committed |
| 75 | by him or her. Partnerships and all partners shall be jointly |
| 76 | and severally liable for the negligence, misconduct, or wrongful |
| 77 | acts committed by their agents, employees, or partners while |
| 78 | acting in a professional capacity. Any officer, agent, or |
| 79 | employee of a business organization other than a partnership |
| 80 | shall be personally liable and accountable only for negligent |
| 81 | acts, wrongful acts, or misconduct committed by him or her or |
| 82 | committed by any person under his or her direct supervision and |
| 83 | control while rendering professional services on behalf of the |
| 84 | business organization. The personal liability of a shareholder |
| 85 | or owner of a business organization, in his or her capacity as |
| 86 | shareholder or owner, shall be no greater than that of a |
| 87 | shareholder-employee of a corporation incorporated under chapter |
| 88 | 607. The business organization shall be liable up to the full |
| 89 | value of its property for any negligent acts, wrongful acts, or |
| 90 | misconduct committed by any of its officers, agents, or |
| 91 | employees while they are engaged on its behalf in the rendering |
| 92 | of professional services. |
| 93 | Section 4. Subsection (11) of section 481.219, Florida |
| 94 | Statutes, is amended to read: |
| 95 | 481.219 Certification of partnerships, limited liability |
| 96 | companies, and corporations.- |
| 97 | (11) No corporation, limited liability company, or |
| 98 | partnership shall be relieved of responsibility for the conduct |
| 99 | or acts of its agents, employees, or officers by reason of its |
| 100 | compliance with this section. However, except as provided in s. |
| 101 | 558.0035, the architect who signs and seals the construction |
| 102 | documents and instruments of service shall be liable for the |
| 103 | professional services performed, and the interior designer who |
| 104 | signs and seals the interior design drawings, plans, or |
| 105 | specifications shall be liable for the professional services |
| 106 | performed. |
| 107 | Section 5. Subsection (6) of section 481.319, Florida |
| 108 | Statutes, is amended to read: |
| 109 | 481.319 Corporate and partnership practice of landscape |
| 110 | architecture; certificate of authorization.- |
| 111 | (6) Except as provided in s. 558.0035, the fact that |
| 112 | registered landscape architects practice landscape architecture |
| 113 | through a corporation or partnership as provided in this section |
| 114 | shall not relieve any landscape architect from personal |
| 115 | liability for his or her professional acts. |
| 116 | Section 6. This act does not apply to contracts or |
| 117 | agreements entered into, or professional services performed, |
| 118 | before July 1, 2011. |
| 119 | Section 7. This act shall take effect July 1, 2011. |