Florida SB 384: Department of Transportation Contractor Liability

Bill Text

384 
Department of Transportation Contractor Liability 
2025-11-04T09:23:22Z 
Providing that a contractor is considered an agent of the state in certain circumstances; requiring contract documents to indemnify the department for liability caused by the negligence of the contractor or its employees, etc. 
Original Filed Version 
2026 
S 
2026-07-01T00:00:00Z 
GB 
General Bill 
__ 

 Florida Senate - 2026 SB 384 

 By Senator Truenow 

 13-00742-26 2026384__ 
 1 A bill to be entitled 
 2 An act relating to Department of Transportation 
 3 contractor liability; amending s. 337.195, F.S.; 
 4 providing that a contractor is considered an agent of 
 5 the state in certain circumstances; requiring contract 
 6 documents to indemnify the department for liability 
 7 caused by the negligence of the contractor or its 
 8 employees; providing an effective date. 
 9 
 10 Be It Enacted by the Legislature of the State of Florida: 
 11 
 12 Section 1. Subsection (6) is added to section 337.195, 
 13 Florida Statutes, to read: 
 14 337.195 Limits on liability.— 
 15 (6) For purposes of this section, a contractor is 
 16 considered an agent of the state while acting within the scope 
 17 of the contract documents. The contract documents must, to the 
 18 extent permitted by law, provide for the indemnification of the 
 19 department for any liability, including reasonable attorney 
 20 fees, incurred up to the limits set forth in this chapter to the 
 21 extent that such liability is caused by the negligence of the 
 22 contractor or its employees. 
 23 Section 2. This act shall take effect July 1, 2026.