Department of Transportation Contractor Liability

Plain English Breakdown

The official status shows the bill passed both chambers but died in a subcommittee; this creates uncertainty about whether it became law despite the 'Passed Legislature' label.

Department of Transportation Contractor Liability

This bill states that contractors are state agents while working within their contract and requires contracts to protect the Department of Transportation from costs caused by contractor negligence.

What This Bill Does

• States a contractor is considered an agent of the state while acting within the scope of the contract documents.
• Requires contract documents to include rules that pay back the department for liability, including reasonable attorney fees, caused by the negligence of the contractor or its employees.
• Limits these payments to amounts allowed under existing laws in this chapter.

Who It Names or Affects

• Contractors working with the Department of Transportation
• The Florida Department of Transportation

Terms To Know

Agent of this state

A contractor considered to be acting on behalf of the government while working within their contract documents.

Indemnification

An agreement in a contract where one party agrees to pay for losses or legal fees caused by another party's negligence.

Limits and Unknowns

• The rule only applies while the contractor acts within the scope of their contract documents.
• Payments are limited to amounts allowed under current state laws on liability limits.
• This bill passed both chambers but died in a subcommittee before final action.

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