Florida Statutes

Fla. Stat. § 337.108 (2025)

Hazardous materials and pollutants; indemnification.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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337.108 Hazardous materials and pollutants; indemnification.—

(1) For purposes of this section:

(a) The term “hazardous materials” shall have the same meaning as provided in s. 768.128(1)(a).

(b) The term “pollutants” shall have the same meaning as provided in s. 376.031.

(c) The term “contractor” means any person or firm having a contract for rendering services to the department relating to the construction or maintenance of a transportation facility; the term does not include persons or firms performing hazardous material or pollutant response, containment, disposal, or cleanup services.

(2) The department may agree to hold harmless and indemnify a contractor for damages when the contractor discovers or encounters hazardous materials or pollutants during the performance of services for the department when the presence of such materials or pollutants was unknown or not reasonably discoverable. Such indemnification agreements shall only be effective if the contractor immediately stops work and notifies the department of the hazardous material or pollutant problem.

(3) Such an indemnification agreement may not indemnify the contractor for damages resulting from any willful, wanton, or intentional conduct of the contractor.

History.—s. 125, ch. 92-152; s. 164, ch. 94-356.

Notes of Decisions

Cited in 1 case, 2013–2013 · leading case: Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013).

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Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013). · cites it 5× “” The legislature enacted section 337.108 in 1992. Ch. 92-152, § 125, at 1607-08, Laws of Fla.”

— 337.108(2) — 1 case

Dep't of Transp. v. CSX Transp., Inc., 128 So. 3d 209 (Fla. 2d DCA 2013). “” The legislature enacted section 337.108 in 1992. Ch. 92-152, § 125, at 1607-08, Laws of Fla.”

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