The bill amends section 725.08 of the Florida Statutes and creates a new section 725.09, focusing on contracts with design professionals. It introduces definitions for "design professional" and "professional services contract," and establishes that any professional services contract entered into with a design professional on or after July 1, 2026, will be void and unenforceable if it includes certain indemnification clauses. Specifically, contracts that require design professionals to indemnify third parties for damages not caused by their own negligence or to defend against claims not covered by their professional liability insurance will be invalid. Additionally, the bill mandates a standard of care that design professionals must adhere to in their contracts.

The bill also clarifies that certain provisions, such as requiring design professionals to list additional insured parties on their general liability insurance, are exempt from the voiding clause. It emphasizes that the standard of care required in contracts must align with the professional skill and care typically provided by competent design professionals. The effective date for these changes is set for July 1, 2026, and the bill specifies that it does not affect contracts entered into before this date.

Statutes affected:
H 699 Filed: 725.08