Department of Transportation Contractor Liability

Plain English Breakdown

The official source material does not specify exact limits for indemnification beyond what is set by law.

DOT Contractor Liability Rules

This bill changes how the Department of Transportation (DOT) handles liability when working with contractors by making them agents of the state and requiring contract documents to protect DOT from negligence-related liabilities.

What This Bill Does

• Makes a contractor an agent of the state while doing work for DOT under certain conditions.
• Requires contract documents to indemnify DOT for liability caused by the negligence of the contractor or its employees.

Who It Names or Affects

• The Department of Transportation (DOT) in Florida.
• Contractors working with DOT.
• Employees of contractors working for DOT.

Terms To Know

Indemnification

Protection from financial loss or legal responsibility.

Negligence

Failing to take reasonable care to avoid causing harm to someone else.

Limits and Unknowns

• The bill only affects DOT and its contractors, not other state departments.
• It does not specify how much indemnification is allowed beyond the limits set by law.
• This bill did not pass all stages of review in the legislature as it died in a subcommittee.

Official Summary Text

Department of Transportation Contractor Liability; Provides that contractor is considered agent of this state in certain circumstances; requires contract documents to indemnify DOT for liability caused by negligence of contractor or its employees.

Current Bill Text

HB 449 2026

CODING: Words stricken are deletions; words underlined are additions.
hb449-00
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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 Department of Transportation 2
contractor liability; providing that a contractor is 3
considered an agent of this state in certain 4
circumstances; requiring contract documents to 5
indemnify the department for liability caused by the 6
negligence of the contractor or its employees; 7
providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (6) is added to section 337.195, 12
Florida Statutes, to read: 13
337.195 Limits on liability.— 14
(6) For purposes of this section, a contractor is 15
considered an agent of this state while acting within the scope 16
of the contract documents. The contract documents must, to the 17
extent permitted by law, provide for the indemnification of the 18
department for any liability, including reasonable attorney 19
fees, incurred up to the limits set forth in this chapter to the 20
extent caused by the negligence of the contractor or its 21
employees. 22
Section 2. This act shall take effect July 1, 2026. 23