THE BILL ITSELF
SB 384
Department of Transportation Contractor Liability
Florida Senate - 2026 SB 384 By Senator Truenow 13-00742-26 2026384__
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A bill to be entitled
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An act relating to Department of Transportation
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contractor liability; amending s. 337.195, F.S.;
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providing that a contractor is considered an agent of
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the state in certain circumstances; requiring contract
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documents to indemnify the department for liability
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caused by the negligence of the contractor or its
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employees; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Subsection (6) is added to section 337.195,
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Florida Statutes, to read:
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337.195 Limits on liability.—
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(6) For purposes of this section, a contractor is
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considered an agent of the state while acting within the scope
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of the contract documents. The contract documents must, to the
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extent permitted by law, provide for the indemnification of the
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department for any liability, including reasonable attorney
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fees, incurred up to the limits set forth in this chapter to the
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extent that such liability is caused by the negligence of the
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contractor or its employees.
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Section 2. This act shall take effect July 1, 2026.