Florida Environmental & Water Law

Florida’s “design professionals” (engineers, geologists, architects, landscape architects, interior designers and surveyors) need to be aware of a new law passed by the legislature and signed by Gov. Scott.  Importantly, Senate Bill 286 will limit the professional liability of design professionals so long as they follow the requirements of the bill. Also new, geologist was added to the definition of a design professional.  SB 286 provides that design professionals are not individually liable for damages resulting from their negligence occurring within the course and scope of professional services while employed or acting as an agent of a business entity (your firm).

The bill provides specific conditions that must exist for such limitation on liability to apply. Specifically, the contract between the business entity and claimant must not name the individual design professional as a party to the contract, the contract must clearly state that an individual employee or agent may not be held individually liable, the business entity must maintain professional liability insurance pursuant to the contract, and the damages alleged must be economic, and not extend to personal injuries or property not subject to the contract. Further, the statement in the contract must be prominent, in uppercase font that is at least 5 point sizes larger than the rest of the text. However, the changes should not be made until July 1, 2013 to be effective.

For a copy of the bill, click here.  If you are not involved in writing your work contracts, I recommend passing this information on to those that do.  Feel free to contact me if you have any questions.