Bill Text: FL S1964 | 2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Design Professionals [CPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2010-07-20 - Veto Message received (2010-C) -SJ 00004; Veto Message referred to Rules -SJ 00005 [S1964 Detail]

Download: Florida-2010-S1964-Comm_Sub.html

---

 
Florida Senate - 2010                      CS for CS for SB 1964 
 
By the Committees on Judiciary; and Regulated Industries; and 
Senator Negron 
590-04412-10                                          20101964c2 
1                        A bill to be entitled 
2         An act relating to design professionals; creating s. 
3         558.0035, F.S.; providing for limited liability for 
4         engineers, surveyors and mappers, architects, interior 
5         designers, and registered landscape architects as a 
6         result of construction defects resulting from the 
7         performance of a contract; providing exceptions; 
8         providing that the limitation of liability for the 
9         design professional does not apply if a contract 
10         requires professional liability insurance and the 
11         contracting party fails to maintain insurance, or if 
12         the liability of the design professional is limited in 
13         the contract to an amount less than the insurance 
14         coverage required by the contract; amending ss. 
15         471.023, 472.021, 481.219, and 481.319, F.S.; 
16         conforming sections to the limitation of liability for 
17         certain design professionals provided in s. 558.0035, 
18         F.S.; providing cross-references to s. 558.0035, F.S.; 
19         providing that the act does not affect contracts or 
20         agreements entered into, or professional services 
21         performed, before July 1, 2010; providing an effective 
22         date. 
23 
24  Be It Enacted by the Legislature of the State of Florida: 
25 
26         Section 1. Section 558.0035, Florida Statutes, is created 
27  to read: 
28         558.0035 Limitation of liability.— 
29         (1) A claimant contracting for the professional services of 
30  a design professional does not have a cause of action in tort 
31  against the design professional for the recovery of economic 
32  damages resulting from a construction defect. 
33         (2) This section does not apply to claims for economic 
34  damages resulting from personal injury or damage to property 
35  other than the property that is the subject of the contract. 
36         (3) This section does not apply if the contract requires 
37  professional liability insurance and the contracting party fails 
38  to maintain insurance coverage as specified in the contract or 
39  if the liability of the design professional is limited in the 
40  contract to an amount less than the liability insurance coverage 
41  required by the contract. 
42         Section 2. Subsection (3) of section 471.023, Florida 
43  Statutes, is amended to read: 
44         471.023 Certification of business organizations.— 
45         (3) Except as provided in s. 558.0035, the fact that a 
46  licensed engineer practices through a business organization does 
47  not relieve the licensee from personal liability for negligence, 
48  misconduct, or wrongful acts committed by him or her. 
49  Partnerships and all partners shall be jointly and severally 
50  liable for the negligence, misconduct, or wrongful acts 
51  committed by their agents, employees, or partners while acting 
52  in a professional capacity. Any officer, agent, or employee of a 
53  business organization other than a partnership shall be 
54  personally liable and accountable only for negligent acts, 
55  wrongful acts, or misconduct committed by him or her or 
56  committed by any person under his or her direct supervision and 
57  control, while rendering professional services on behalf of the 
58  business organization. The personal liability of a shareholder 
59  or owner of a business organization, in his or her capacity as 
60  shareholder or owner, shall be no greater than that of a 
61  shareholder-employee of a corporation incorporated under chapter 
62  607. The business organization shall be liable up to the full 
63  value of its property for any negligent acts, wrongful acts, or 
64  misconduct committed by any of its officers, agents, or 
65  employees while they are engaged on its behalf in the rendering 
66  of professional services. 
67         Section 3. Subsection (3) of section 472.021, Florida 
68  Statutes, is amended to read: 
69         472.021 Certification of partnerships and corporations.— 
70         (3) Except as provided in s. 558.0035, the fact that any 
71  registered surveyor and mapper practices through a corporation 
72  or partnership shall not relieve the registrant from personal 
73  liability for negligence, misconduct, or wrongful acts committed 
74  by him or her. Partnerships and all partners shall be jointly 
75  and severally liable for the negligence, misconduct, or wrongful 
76  acts committed by their agents, employees, or partners while 
77  acting in a professional capacity. Any officer, agent, or 
78  employee of a business organization other than a partnership 
79  shall be personally liable and accountable only for negligent 
80  acts, wrongful acts, or misconduct committed by him or her or 
81  committed by any person under his or her direct supervision and 
82  control while rendering professional services on behalf of the 
83  business organization. The personal liability of a shareholder 
84  or owner of a business organization, in his or her capacity as 
85  shareholder or owner, shall be no greater than that of a 
86  shareholder-employee of a corporation incorporated under chapter 
87  607. The business organization shall be liable up to the full 
88  value of its property for any negligent acts, wrongful acts, or 
89  misconduct committed by any of its officers, agents, or 
90  employees while they are engaged on its behalf in the rendering 
91  of professional services. 
92         Section 4. Subsection (11) of section 481.219, Florida 
93  Statutes, is amended to read: 
94         481.219 Certification of partnerships, limited liability 
95  companies, and corporations.— 
96         (11) No corporation, limited liability company, or 
97  partnership shall be relieved of responsibility for the conduct 
98  or acts of its agents, employees, or officers by reason of its 
99  compliance with this section. However, except as provided in s. 
100  558.0035, the architect who signs and seals the construction 
101  documents and instruments of service shall be liable for the 
102  professional services performed, and the interior designer who 
103  signs and seals the interior design drawings, plans, or 
104  specifications shall be liable for the professional services 
105  performed. 
106         Section 5. Subsection (6) of section 481.319, Florida 
107  Statutes, is amended to read: 
108         481.319 Corporate and partnership practice of landscape 
109  architecture; certificate of authorization.— 
110         (6) Except as provided in s. 558.0035, the fact that 
111  registered landscape architects practice landscape architecture 
112  through a corporation or partnership as provided in this section 
113  shall not relieve any landscape architect from personal 
114  liability for his or her professional acts. 
115         Section 6. This act does not apply to contracts or 
116  agreements entered into, or professional services performed, 
117  before July 1, 2010. 
118         Section 7. This act shall take effect July 1, 2010.