THE BILL ITSELF
SB 888
Professional Services Contracts
Florida Senate - 2026 SB 888 By Senator Martin 33-00430-26 2026888__
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A bill to be entitled
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An act relating to professional services contracts;
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amending s. 725.08, F.S.; providing that a
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professional services contract between a design
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professional and a contracting party, rather than
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between a design professional and a public agency, may
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require the design professional to indemnify and hold
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harmless the contracting party, and its officers and
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employees, only against certain liability and damages;
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providing that all professional services contracts,
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rather than professional services contracts entered
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into with a public agency, may not require the design
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professional to defend, indemnify, or hold harmless
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the contracting party or its employees, officers,
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directors, or agents; declaring that such a contract
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provision is void as against public policy; specifying
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that a professional services contract must require a
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design professional to perform to a certain level of
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professional skill and care; prohibiting a
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professional services contract from subjecting a
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design professional to a different standard of care;
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providing applicability; prohibiting a professional
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services contract from requiring a design professional
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to list additional insureds on its policy; providing
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an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Present subsections (3), (4), and (5) of section
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725.08, Florida Statutes, are redesignated as subsections (5),
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(6), and (7), respectively, new subsections (3) and (4) are
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added to that section, and subsections (1) and (2) and present
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subsection (5) of that section are amended, to read:
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725.08 Design professional contracts; limitation in
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indemnification.—
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(1) Notwithstanding the provisions of s. 725.06, if a
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design professional provides professional services to or for a
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contracting party public agency , the contracting party agency
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may require in a professional services contract with the design
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professional that the design professional indemnify and hold
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harmless the contracting party agency , and its officers and
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employees, from liabilities, damages, losses, and costs,
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including, but not limited to, reasonable attorney attorneys’
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fees, only to the extent caused by the negligence, recklessness,
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or intentionally wrongful conduct of the design professional and
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other persons employed or used utilized by the design
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professional in the performance of the contract.
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(2) Except as specifically provided in subsection (1), a
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professional services contract entered into with a public agency
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may not require that the design professional defend, indemnify,
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or hold harmless the contracting party or agency, its employees,
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officers, directors, or agents from any liability, damage, loss,
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claim, action, or proceeding, and any such contract provision is
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shall be void as against the public policy of this state.
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(3)(a) A professional services contract must require the
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design professional to perform the services with the level of
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professional skill and care ordinarily provided by a competent
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design professional practicing under the same or similar
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circumstances and professional licenses as expeditiously as is
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prudent.
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(b) A professional services contract may not subject a
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design professional to a standard of care different than that
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provided in paragraph (a).
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(c) If the standard of care in a professional services
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contract differs from the professional skill and care as
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described in paragraph (a), paragraph (a) applies.
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(4) A professional services contract may not require a
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design professional to list a contracting party or any other
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person or entity as an additional insured on the design
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professional’s policy of professional liability insurance.
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(7) (5) This section does not affect contracts or agreements
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entered into before July 1, 2026 the effective date of this
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section .
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Section 2. This act shall take effect July 1, 2026.