Bill Text: FL H0701 | 2010 | Regular Session | Comm Sub

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Bill Title: Design Professionals

Spectrum: Strong Partisan Bill (Republican 11-1)

Status: (Vetoed) 2010-04-27 - Placed on Special Order Calendar; Substituted CS/CS/SB 1964 (Vetoed by Governor); Laid on Table -HJ 01162 [H0701 Detail]

Download: Florida-2010-H0701-Comm_Sub.html

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CS/HB 701

1	A bill to be entitled
2	An act relating to design professionals; creating s.
3	558.0035, F.S.; limiting the liability of architects,
4	interior designers, landscape architects, engineers, and
5	surveyors for construction defects resulting from the
6	performance of a contract; prohibiting such contract from
7	limiting the liability of a design professional under
8	certain circumstances; specifying that provisions do not
9	apply to certain claims; amending ss. 471.023, 472.021,
10	481.219, and 481.319, F.S.; conforming provisions to
11	changes made by the act; providing that the act does not
12	apply to contracts or agreements entered into, or
13	professional services performed, before a specified date;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1. Section 558.0035, Florida Statutes, is created
19	to read:
20	558.0035 Limitation of liability.-
21	(1) A claimant contracting for the professional services
22	of a design professional does not have a cause of action in tort
23	against the design professional for the recovery of economic
24	damages resulting from a construction defect.
25	(2) If the contract requires professional liability
26	insurance, the contract may not limit the liability of the
27	design professional to an amount less than the liability
28	insurance amount required by the contract.
29	(3) This section does not apply to a claim for economic
30	damages:
31	(a) Resulting from personal injury or damage to property
32	other than the property that is the subject of the contract.
33	(b) Involving a contract requiring professional liability
34	insurance if the contracting party does not maintain the
35	insurance coverage required by the contract.
36	Section 2. Subsection (3) of section 471.023, Florida
37	Statutes, is amended to read:
38	471.023 Certification of business organizations.-
39	(3) Except as provided in s. 558.0035, the fact that a
40	licensed engineer practices through a business organization does
41	not relieve the licensee from personal liability for negligence,
42	misconduct, or wrongful acts committed by him or her.
43	Partnerships and all partners shall be jointly and severally
44	liable for the negligence, misconduct, or wrongful acts
45	committed by their agents, employees, or partners while acting
46	in a professional capacity. Any officer, agent, or employee of a
47	business organization other than a partnership shall be
48	personally liable and accountable only for negligent acts,
49	wrongful acts, or misconduct committed by him or her or
50	committed by any person under his or her direct supervision and
51	control, while rendering professional services on behalf of the
52	business organization. The personal liability of a shareholder
53	or owner of a business organization, in his or her capacity as
54	shareholder or owner, shall be no greater than that of a
55	shareholder-employee of a corporation incorporated under chapter
56	607. The business organization shall be liable up to the full
57	value of its property for any negligent acts, wrongful acts, or
58	misconduct committed by any of its officers, agents, or
59	employees while they are engaged on its behalf in the rendering
60	of professional services.
61	Section 3. Subsection (3) of section 472.021, Florida
62	Statutes, is amended to read:
63	472.021 Certification of partnerships and corporations.-
64	(3) Except as provided in s. 558.0035, the fact that any
65	registered surveyor and mapper practices through a corporation
66	or partnership shall not relieve the registrant from personal
67	liability for negligence, misconduct, or wrongful acts committed
68	by him or her. Partnerships and all partners shall be jointly
69	and severally liable for the negligence, misconduct, or wrongful
70	acts committed by their agents, employees, or partners while
71	acting in a professional capacity. Any officer, agent, or
72	employee of a business organization other than a partnership
73	shall be personally liable and accountable only for negligent
74	acts, wrongful acts, or misconduct committed by him or her or
75	committed by any person under his or her direct supervision and
76	control while rendering professional services on behalf of the
77	business organization. The personal liability of a shareholder
78	or owner of a business organization, in his or her capacity as
79	shareholder or owner, shall be no greater than that of a
80	shareholder-employee of a corporation incorporated under chapter
81	607. The business organization shall be liable up to the full
82	value of its property for any negligent acts, wrongful acts, or
83	misconduct committed by any of its officers, agents, or
84	employees while they are engaged on its behalf in the rendering
85	of professional services.
86	Section 4. Subsection (11) of section 481.219, Florida
87	Statutes, is amended to read:
88	481.219 Certification of partnerships, limited liability
89	companies, and corporations.-
90	(11) No corporation, limited liability company, or
91	partnership shall be relieved of responsibility for the conduct
92	or acts of its agents, employees, or officers by reason of its
93	compliance with this section. However, except as provided in s.
94	558.0035, the architect who signs and seals the construction
95	documents and instruments of service shall be liable for the
96	professional services performed, and the interior designer who
97	signs and seals the interior design drawings, plans, or
98	specifications shall be liable for the professional services
99	performed.
100	Section 5. Subsection (6) of section 481.319, Florida
101	Statutes, is amended to read:
102	481.319 Corporate and partnership practice of landscape
103	architecture; certificate of authorization.-
104	(6) Except as provided in s. 558.0035, the fact that
105	registered landscape architects practice landscape architecture
106	through a corporation or partnership as provided in this section
107	shall not relieve any landscape architect from personal
108	liability for his or her professional acts.
109	Section 6. This act does not apply to contracts or
110	agreements entered into, or professional services performed,
111	before July 1, 2010.
112	Section 7. This act shall take effect July 1, 2010.

CODING: Words stricken are deletions; words underlined are additions.