Florida SB 888: Professional Services Contracts

Bill Text

888 
Professional Services Contracts 
2025-12-12T08:52:22Z 
Providing that a professional services contract between a design professional and a contracting party, rather than between a design professional and a public agency, may require the design professional to indemnify and hold harmless the contracting party, and its officers and employees, only against certain liability and damages; specifying that a professional services contract must require a design professional to perform to a certain level of professional skill and care; prohibiting a professional services contract from subjecting a design professional to a different standard of care, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 888 

 By Senator Martin 

 33-00430-26 2026888__ 
 1 A bill to be entitled 
 2 An act relating to professional services contracts; 
 3 amending s. 725.08, F.S.; providing that a 
 4 professional services contract between a design 
 5 professional and a contracting party, rather than 
 6 between a design professional and a public agency, may 
 7 require the design professional to indemnify and hold 
 8 harmless the contracting party, and its officers and 
 9 employees, only against certain liability and damages; 
 10 providing that all professional services contracts, 
 11 rather than professional services contracts entered 
 12 into with a public agency, may not require the design 
 13 professional to defend, indemnify, or hold harmless 
 14 the contracting party or its employees, officers, 
 15 directors, or agents; declaring that such a contract 
 16 provision is void as against public policy; specifying 
 17 that a professional services contract must require a 
 18 design professional to perform to a certain level of 
 19 professional skill and care; prohibiting a 
 20 professional services contract from subjecting a 
 21 design professional to a different standard of care; 
 22 providing applicability; prohibiting a professional 
 23 services contract from requiring a design professional 
 24 to list additional insureds on its policy; providing 
 25 an effective date. 
 26 
 27 Be It Enacted by the Legislature of the State of Florida: 
 28 
 29 Section 1. Present subsections (3), (4), and (5) of section 
 30 725.08, Florida Statutes, are redesignated as subsections (5), 
 31 (6), and (7), respectively, new subsections (3) and (4) are 
 32 added to that section, and subsections (1) and (2) and present 
 33 subsection (5) of that section are amended, to read: 
 34 725.08 Design professional contracts; limitation in 
 35 indemnification.— 
 36 (1) Notwithstanding the provisions of s. 725.06, if a 
 37 design professional provides professional services to or for a 
 38 contracting party public agency, the contracting party agency 
 39 may require in a professional services contract with the design 
 40 professional that the design professional indemnify and hold 
 41 harmless the contracting party agency, and its officers and 
 42 employees, from liabilities, damages, losses, and costs, 
 43 including, but not limited to, reasonable attorney attorneys’ 
 44 fees, only to the extent caused by the negligence, recklessness, 
 45 or intentionally wrongful conduct of the design professional and 
 46 other persons employed or used utilized by the design 
 47 professional in the performance of the contract. 
 48 (2) Except as specifically provided in subsection (1), a 
 49 professional services contract entered into with a public agency 
 50 may not require that the design professional defend, indemnify, 
 51 or hold harmless the contracting party or agency, its employees, 
 52 officers, directors, or agents from any liability, damage, loss, 
 53 claim, action, or proceeding, and any such contract provision is 
 54 shall be void as against the public policy of this state. 
 55 (3)(a) A professional services contract must require the 
 56 design professional to perform the services with the level of 
 57 professional skill and care ordinarily provided by a competent 
 58 design professional practicing under the same or similar 
 59 circumstances and professional licenses as expeditiously as is 
 60 prudent. 
 61 (b) A professional services contract may not subject a 
 62 design professional to a standard of care different than that 
 63 provided in paragraph (a). 
 64 (c) If the standard of care in a professional services 
 65 contract differs from the professional skill and care as 
 66 described in paragraph (a), paragraph (a) applies. 
 67 (4) A professional services contract may not require a 
 68 design professional to list a contracting party or any other 
 69 person or entity as an additional insured on the design 
 70 professional’s policy of professional liability insurance. 
 71 (7)(5) This section does not affect contracts or agreements 
 72 entered into before July 1, 2026 the effective date of this 
 73 section. 
 74 Section 2. This act shall take effe