THE BILL ITSELF
HB 699
Design Professional Contracts
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A bill to be entitled
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An act relating to design professional contracts;
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amending s. 725.08, F.S.; making editorial changes;
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creating s. 725.09, F.S.; providing definitions;
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providing that certain professional services contracts
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entered into with design professionals on or after a
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specified date are void and unenforceable; providing
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applicability; requiring a specified standard of care
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in professional services contracts entered into with
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design professionals; providing applicability;
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providing construction; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (5) of section 725.08, Florida
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Statutes, is amended to read:
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725.08 Design professional contracts entered into with
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public agencies; limitation in indemnification.—
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(5) This section does not affect contracts or agreements
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entered into before May 25, 2000 the effective date of this
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section.
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Section 2. Section 725.09, Florida Statutes, is created to
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read:
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725.09 Design professional contracts; limitation in
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indemnification; standard of care.—
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(1) As used in this section, the term:
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(a) "Design professional" means a person, as defined in s.
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1.01, who is licensed in this state under chapter 481 as an
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architect or landscape architect, under chapter 472 as a
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surveyor, under chapter 471 as an engineer, or a geologist or
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who is a registered interior designer, as defined in s. 481.203.
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(b) "Professional services contract" means a written or
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oral agreement relating to the planning, design, construction,
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administration, study, evaluation, consulting, or other
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professional and technical support services furnished in
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connection with any actual or proposed construction,
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improvement, alteration, repair, maintenance, operation,
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management, relocation, demolition, excavation, or other
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facility, land, air, water, or utility development or
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improvement.
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(2) Notwithstanding ss. 725.06 and 725.08, a professional
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services contract entered into with a design professional on or
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after July 1, 2026, is void and unenforceable if it:
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(a) Requires the design professional to indemnify and hold
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harmless a contracting party, an indemnitee, or a third party
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from liability for damage other than liability for damage to the
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extent caused by, or in proportion to the extent the design
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professional participates in resolution of a claim based on
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negligence, recklessness, intentional tort, intellectual
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property infringement, or failure to pay a sub-consultant or
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supplier that is committed by the design professional or the
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design professional's agent, consultant under contract, or other
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entity for which the design professional is legally liable.
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(b) Requires the design professional to defend a
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contracting party, an indemnitee, or a third party against a
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claim arising out of the rendering of or failure to render
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professional services by the design professional or its agents
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that is not otherwise covered by the design professional's
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policy of professional liability insurance.
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(c) Requires the design professional to list a party or
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any other person or entity as an additional insured on the
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design professional's policy of professional liability
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insurance.
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(d) Subjects the design professional to a standard of care
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that differs from that provided under subsection (4).
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(3) This section does not apply to the following
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provisions in a professional services contract entered into with
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a design professional on or after July 1, 2026:
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(a) A requirement that the design professional list an
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additional insured on the design professional's general
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liability insurance policy, automobile liability insurance
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policy, or both, and provide coverage and any defense provided
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by those policies.
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(b) A provision for the reimbursement of a contracting
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party's or an indemnitee's reasonable attorney fees, damages,
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losses, injuries, or other litigation costs in proportion to the
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design professional's liability, or in proportion to the extent
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the design professional participates in resolution of a claim
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also made against the contracting party or indemnitee.
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(c) A provision or requirement not otherwise in conflict
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with subsection (2).
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(4)(a) A professional services contract entered into with
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a design professional shall require the design professional to
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perform the services with the professional skill and care
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ordinarily provided by a competent design professional
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practicing under the same or similar circumstances and
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professional licenses as expeditiously as is prudent considering
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the ordinary professional skill and care of a competent design
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professional.
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(b) If a standard of care provision in a contract differs
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from the skill and care required under paragraph (a), the
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standard of care provided in paragraph (a) applies.
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(5) This section does not prohibit parties to a
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professional services contract from including and enforcing
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conditions that relate to the scope, fees, and schedule of a
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project that is subject to the contract, provided the conditions
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are subject to the standard of care requirements in subsection
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(4).
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(6) To the extent not otherwise prohibited by law, this
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section does not make a public agency responsible for, or to
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authorize a design professional to include in a contract, any
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provision making the public agency responsible for the design
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professional's proportionate liability for negligence in
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rendering professional services or liability arising out of the
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design professional's nonprofessional actions in connection with
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its performance for or on behalf of the public agency.
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(7) This section does not affect the validity of any
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existing insurance contract, workers' compensation, or any
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agreement or coverage document issued by an insurer.
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(8) Any provision of law to the contrary notwithstanding,
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this section may not be interpreted to alter or affect state
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joint and several liability law or workers' compensation law.
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(9) This section does not affect contracts or agreements
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entered into before July 1, 2026.
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This act shall take effect July 1, 2026. Section 3.