Florida Senate - 2024                                    SB 1534
       By Senator Bradley
       6-00427A-24                                           20241534__
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; providing that professional firms or
    4         their employees when performing specified services for
    5         certain public projects are considered agents of the
    6         state or its applicable subdivision when acting within
    7         the scope of their contract; revising applicability;
    8         requiring that contracts with such firms must, to the
    9         extent permitted by law, provide indemnity to the
   10         state or its applicable subdivision; providing
   11         applicability; making technical changes; providing an
   12         effective date.
   14  Be It Enacted by the Legislature of the State of Florida:
   16         Section 1. Paragraph (e) of subsection (10) of section
   17  768.28, Florida Statutes, is amended to read:
   18         768.28 Waiver of sovereign immunity in tort actions;
   19  recovery limits; civil liability for damages caused during a
   20  riot; limitation on attorney fees; statute of limitations;
   21  exclusions; indemnification; risk management programs.—
   22         (10)
   23         (e) For purposes of this section, a professional firm that
   24  provides monitoring and inspection services of the work required
   25  for state roadway, bridge, or other transportation facility
   26  construction projects, or any employee of a firm the firm’s
   27  employees performing such services, is shall be considered an
   28  agent agents of the state or of its applicable subdivision
   29  Department of Transportation while acting within the scope of
   30  the firm’s contract with the Department of Transportation to
   31  ensure that the project is constructed in conformity with the
   32  project’s plans, specifications, and contract provisions. This
   33  paragraph applies to a professional firm in direct contract with
   34  the state or any of its subdivisions, as well as any
   35  professional firm providing monitoring and inspection services
   36  as a subconsultant. Any contract with a between the professional
   37  firm must and the state, to the extent permitted by law, shall
   38  provide for the indemnification of the state or its applicable
   39  subdivision department for any liability, including reasonable
   40  attorney attorney’s fees, incurred up to the limits set out in
   41  this chapter to the extent caused by the negligence of the firm
   42  or its employees. This paragraph may shall not be construed as
   43  designating persons who provide monitoring and inspection
   44  services as employees or agents of the state for purposes of
   45  chapter 440. This paragraph is not applicable to the
   46  professional firm or its employees if involved in an accident
   47  while operating a motor vehicle. This paragraph is not
   48  applicable to a firm engaged by the state or by any of its
   49  subdivisions Department of Transportation for the design or
   50  construction of a state roadway, bridge, or other transportation
   51  facility construction project or to its employees, agents, or
   52  subcontractors.
   53         Section 2. This act shall take effect July 1, 2024.