Online Sunshine Logo
Official Internet Site of the Florida Legislature
October 6, 2024
Text: 'NEW Advanced Legislative Search'
Interpreter Services for the Deaf and Hard of Hearing
Go to MyFlorida House
Go to MyFlorida House
Select Year:  
The Florida Statutes

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION
Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY
View Entire Chapter
F.S. 337.108
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.