Florida Senate - 2024                             CS for SB 1534
       By the Committee on Judiciary; and Senator Bradley
       590-02609-24                                          20241534c1
    1                        A bill to be entitled                      
    2         An act relating to sovereign immunity; amending s.
    3         768.28, F.S.; revising applicability; requiring that
    4         contracts with such firms must, to the extent
    5         permitted by law, provide indemnity to the department;
    6         making technical changes; providing an effective date.
    8  Be It Enacted by the Legislature of the State of Florida:
   10         Section 1. Paragraph (e) of subsection (10) of section
   11  768.28, Florida Statutes, is amended to read:
   12         768.28 Waiver of sovereign immunity in tort actions;
   13  recovery limits; civil liability for damages caused during a
   14  riot; limitation on attorney fees; statute of limitations;
   15  exclusions; indemnification; risk management programs.—
   16         (10)
   17         (e) For purposes of this section, a professional firm that
   18  provides monitoring and inspection services of the work required
   19  for state roadway, bridge, or other transportation facility
   20  construction projects, or any employee of a firm the firm’s
   21  employees performing such services, is shall be considered an
   22  agent agents of the Department of Transportation while acting
   23  within the scope of the firm’s contract with the Department of
   24  Transportation to ensure that the project is constructed in
   25  conformity with the project’s plans, specifications, and
   26  contract provisions. This paragraph applies to a professional
   27  firm in direct contract with the department, as well as any
   28  professional firm providing monitoring and inspection services
   29  as a consultant to the professional firm that is in direct
   30  contract with the department. Any contract with a between the
   31  professional firm must and the state, to the extent permitted by
   32  law, shall provide for the indemnification of the department for
   33  any liability, including reasonable attorney attorney’s fees,
   34  incurred up to the limits set out in this chapter to the extent
   35  caused by the negligence of the firm or its employees. This
   36  paragraph may shall not be construed as designating persons who
   37  provide monitoring and inspection services as employees or
   38  agents of the state for purposes of chapter 440. This paragraph
   39  is not applicable to the professional firm or its employees if
   40  involved in an accident while operating a motor vehicle. This
   41  paragraph is not applicable to a firm engaged by the department
   42  of Transportation for the design or construction of a state
   43  roadway, bridge, or other transportation facility construction
   44  project or to its employees, agents, or subcontractors.
   45         Section 2. This act shall take effect July 1, 2024.