Florida HB 699: Pub. Rec./Homelessness Counts and Databases
Status: Laid on Table; companion bill(s) passed, see SB 934 (Ch. 2022-33) (as of 2022-03-04)
State: Florida · Session: 2022 · Bill: HB 699
Subjects: subject index
Sponsors: Government Operations Subcommittee, McFarland, Woodson
Bill Text
HB 699 2026 CODING: Words stricken are deletions; words underlined are additions. hb699-00 Page 1 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to design professional contracts; 2 amending s. 725.08, F.S.; making editorial changes; 3 creating s. 725.09, F.S.; providing definitions; 4 providing that certain professional services contracts 5 entered into with design professionals on or after a 6 specified date are void and unenforceable; providing 7 applicability; requiring a specified standard of care 8 in professional services contracts entered into with 9 design professionals; providing applicability; 10 providing construction; providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1. Subsection (5) of section 725.08, Florida 15 Statutes, is amended to read: 16 725.08 Design professional contracts entered into with 17 public agencies; limitation in indemnification.— 18 (5) This section does not affect contracts or agreements 19 entered into before May 25, 2000 the effective date of this 20 section. 21 Section 2. Section 725.09, Florida Statutes, is created to 22 read: 23 725.09 Design professional contracts; limitation in 24 indemnification; standard of care.— 25 HB 699 2026 CODING: Words stricken are deletions; words underlined are additions. hb699-00 Page 2 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (1) As used in this section, the term: 26 (a) "Design professional" means a person, as defined in s. 27 1.01, who is licensed in this state under chapter 481 as an 28 architect or landscape architect, under chapter 472 as a 29 surveyor, under chapter 471 as an engineer, or a geologist or 30 who is a registered interior designer, as defined in s. 481.203. 31 (b) "Professional services contract" means a written or 32 oral agreement relating to the planning, design, construction, 33 administration, study, evaluation, consulting, or other 34 professional and technical support services furnished in 35 connection with any actual or proposed construction, 36 improvement, alteration, repair, maintenance, operation, 37 management, relocation, demolition, excavation, or other 38 facility, land, air, water, or utility development or 39 improvement. 40 (2) Notwithstanding ss. 725.06 and 725.08, a professional 41 services contract entered into with a design professional on or 42 after July 1, 2026, is void and unenforceable if it: 43 (a) Requires the design professional to indemnify and hold 44 harmless a contracting party, an indemnitee, or a third party 45 from liability for damage other than liability for damage to the 46 extent caused by, or in proportion to the extent the design 47 professional participates in resolution of a claim based on 48 negligence, recklessness, intentional tort, intellectual 49 property infringement, or failure to pay a sub-consultant or 50 HB 699 2026 CODING: Words stricken are deletions; words underlined are additions. hb699-00 Page 3 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S supplier that is committed by the design professional or the 51 design professional's agent, consultant under contract, or other 52 entity for which the design professional is legally liable. 53 (b) Requires the design professional to defend a 54 contracting party, an indemnitee, or a third party against a 55 claim arising out of the rendering of or failure to render 56 professional services by the design professional or its agents 57 that is not otherwise covered by the design professional's 58 policy of professional liability insurance. 59 (c) Requires the design professional to list a party or 60 any other person or entity as an additional insured on the 61 design professional's policy of professional liability 62 insurance. 63 (d) Subjects the design professional to a standard of care 64 that differs from that provided under subsection (4). 65 (3) This section does not apply to the following 66 provisions in a professional services contract entered into with 67 a design professional on or after July 1, 2026: 68 (a) A requirement that the design professional list an 69 additional insured on the design professional's general 70 liability insurance policy, automobile liability insurance 71 policy, or both, and provide coverage and any defense provided 72 by those policies. 73 (b) A provision for the reimbursement of a contracting 74 party's or an indemnitee's reasonable attorney fees, damages, 75 HB 699 2026 CODING: Words stricken are deletions; words underlined are additions. hb699-00 Page 4 of 5 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S losses, injuries, or other litigation costs in proportion to the 76 design professional's liability, or in proportion to the extent 77 the design professional participates in resolution of a claim 78 also made against the contracting party or indemnitee. 79 (c) A provision or requirement not otherwise in confl
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