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FL H1159
Bill
Status
Introduced
2/24/2023
Primary Sponsor
State Affairs Committee
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AI Summary
- Amends s. 287.058, F.S., to require state contractual services agreements exceeding the Category Two threshold to include a mandatory liability limitation provision, effective July 1, 2023
- Caps a contractor's liability for direct damages at the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered under the purchase order, except for claims arising under the contract's indemnity paragraph
- Prohibits all parties from recovering special, indirect, punitive, or consequential damages (including lost data, lost profits, lost revenue, or lost institutional operating savings) unless specifically enumerated in the contract
- Authorizes the State and its customers to retain monies from amounts due to the contractor to satisfy claims for damages, penalties, or costs, and allows the State to set off any contractor or affiliate obligation against payments due under any state contract
- Reenacts ss. 287.0571(5) and 1002.84(13), F.S., relating to outsourcing contract requirements and early learning coalition procurement requirements, to incorporate the new liability limit provisions by cross-reference
Legislative Description
Contractual Services Contract Liability Limits
Last Action
Laid on Table
5/1/2023
Committee Referrals
State Affairs3/23/2023
Constitutional Rights, Rule of Law & Government Operations Subcommittee3/6/2023
Full Bill Text
No bill text available