Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 405, 1st Eng.
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       Senator Grall moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 255.0994, Florida Statutes, is created
    6  to read:
    7         255.0994 Public works projects; unenforceability of certain
    8  contract provisions regarding delays.—
    9         (1) As used in this section, the term:
   10         (a) “Governmental entity” has the same meaning as in s.
   11  255.0993(1).
   12         (b) “Public works project” has the same meaning as in s.
   13  255.0992(1).
   14         (2) Except as otherwise required by federal or state law, a
   15  governmental entity that contracts for a public works project
   16  may not take any of the following actions:
   17         (a) Enforce any contract provision that eliminates or
   18  limits the contractor’s right to receive compensation for
   19  damages and increased costs, equitable adjustments, or time
   20  extensions due to a delay in performance of the contract if the
   21  delay was caused by the acts or omissions of the governmental
   22  entity or any agent, employee, or person acting on behalf of the
   23  governmental entity.
   24         (b) Enforce any contract provision that eliminates or
   25  limits the contractor’s right to receive time extensions for any
   26  day during which a delay caused by the acts or omissions of the
   27  governmental entity or any agent, employee, or person acting on
   28  behalf of the governmental entity overlaps with a delay caused
   29  by the acts or omissions of the contractor or his or her
   30  subcontractors, agents, or employees.
   31         (3) This section may not be construed to render
   32  unenforceable a provision of a contract for a public works
   33  project which:
   34         (a) Requires the party claiming a delay to give notice of
   35  the acts or omissions giving rise to the delay;
   36         (b) Allows a governmental entity to recover damages for a
   37  delay if the delay was caused by the acts or omissions of the
   38  contractor or his or her subcontractors, agents, or employees;
   39  or
   40         (c) Provides for arbitration or any other procedure
   41  designed to settle contract disputes.
   42         (4) If a contract for a public works project contains a
   43  provision that is unenforceable under this section, the
   44  provision must be severed from the contract, and the remaining
   45  provisions must remain in full force and effect.
   46         (5) This section applies to any contract for a public works
   47  project entered into on or after July 1, 2026.
   48         Section 2. This act shall take effect July 1, 2026.
   49  
   50  ================= T I T L E  A M E N D M E N T ================
   51  And the title is amended as follows:
   52         Delete everything before the enacting clause
   53  and insert:
   54                        A bill to be entitled                      
   55         An act relating to commercial construction; creating
   56         s. 255.0994, F.S.; defining the terms “governmental
   57         entity” and “public works project”; prohibiting a
   58         governmental entity from enforcing certain contract
   59         provisions for a public works project; providing
   60         construction; providing for severability; providing
   61         applicability; providing an effective date.