THE BILL ITSELF
HB 449
Department of Transportation Contractor Liability
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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; providing that a contractor is
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considered an agent of this state in certain
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circumstances; requiring contract documents to
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indemnify the department for liability caused by the
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negligence of the contractor or its employees;
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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 this 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 caused by the negligence of the contractor or its
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employees.
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Section 2. This act shall take effect July 1, 2026.