Florida Statutes
Fla. Stat. § 725.08 (2025)
Design professional contracts; limitation in indemnification.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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725.08 Design professional contracts; limitation in indemnification.—
(1) Notwithstanding the provisions of s. 725.06, if a design professional provides professional services to or for a public agency, the agency may require in a professional services contract with the design professional that the design professional indemnify and hold harmless the agency, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract.
(2) Except as specifically provided in subsection (1), a professional services contract entered into with a public agency may not require that the design professional defend, indemnify, or hold harmless the agency, its employees, officers, directors, or agents from any liability, damage, loss, claim, action, or proceeding, and any such contract provision shall be void as against the public policy of this state.
(3) “Professional services contract” means a written or oral agreement relating to the planning, design, construction, administration, study, evaluation, consulting, or other professional and technical support services furnished in connection with any actual or proposed construction, improvement, alteration, repair, maintenance, operation, management, relocation, demolition, excavation, or other facility, land, air, water, or utility development or improvement.
(4) “Design professional” means an individual or entity licensed by the state who holds a current certificate of registration or is qualified under chapter 481 to practice architecture or landscape architecture, under chapter 472 to practice land surveying and mapping, or under chapter 471 to practice engineering, and who enters into a professional services contract.
(5) This section does not affect contracts or agreements entered into before the effective date of this section.
Notes of Decisions
Cited in 1
case, 2009–2009 · leading case: Auto-Owners Ins. v. Ace Elec. Serv., Inc., 648 F. Supp. 2d 1371 (M.D. Fla. 2009).
Auto-Owners Ins. v. Ace Elec. Serv., Inc., 648 F. Supp. 2d 1371 (M.D. Fla. 2009). “Fla. Stat. § 725.08 (l)-(2) (2008). The indemnification provision in the contract between Dickens and the City, read broadly, could require Dickens to indemnify the City in situations where Dickens and the City share fault.”
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