Department of Transportation Contractor Liability

Plain English Breakdown

The bill summary and text do not provide specific limits for indemnification amounts.

Department of Transportation Contractor Liability

This bill changes how contractors working for the Florida Department of Transportation are treated under state law by making them agents of the state and requiring contracts to protect the department from liability caused by contractor or employee negligence.

What This Bill Does

• Makes a contractor an agent of the state while doing work as agreed in their contract.
• Requires contracts to indemnify the Department for liability caused by the negligence of the contractor or its employees.

Who It Names or Affects

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

Terms To Know

indemnification

Protection from being held responsible or having to pay money because of something that happened.

negligence

Failing to be careful and causing harm as a result.

Limits and Unknowns

• The bill does not specify the exact limits on how much protection contractors must give to the Department.
• It is unclear if this law will affect how other state departments deal with contractor liability.

Official Summary Text

Department of Transportation Contractor Liability; 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.

Current Bill Text

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.