(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.
Structure Florida Statutes
Title XXVI - Public Transportation
Chapter 337 - Contracting; Acquisition, Disposal, and Use of Property
337.015 - Administration of Public Contracts.
337.023 - Sale of Building; Acceptance of Replacement Building.
337.025 - Innovative Transportation Projects; Department to Establish Program.
337.026 - Authority of Department to Enter Into Agreements for Construction Aggregate Materials.
337.0261 - Construction Aggregate Materials.
337.027 - Authority to Implement a Business Development Program.
337.03 - Authority of Department to Purchase Surplus Properties From the Federal Government.
337.106 - Professional Service Providers; Requirement for Professional Liability Insurance.
337.107 - Contracts for Right-of-Way Services.
337.1075 - Contracts for Planning Services.
337.108 - Hazardous Materials and Pollutants; Indemnification.
337.111 - Contracting for Monuments and Memorials to Military Veterans at Rest Areas.
337.125 - Socially and Economically Disadvantaged Business Enterprises; Notice Requirements.
337.139 - Efforts to Encourage Awarding Contracts to Disadvantaged Business Enterprises.
337.141 - Payment of Construction or Maintenance Contracts.
337.145 - Offsetting Payments.
337.162 - Professional Services.
337.164 - Legislative Intent With Respect to Integrity of Public Contracting Process.
337.165 - Contract Crime; Denial or Revocation of a Certificate of Qualification.
337.166 - Moneys Recovered for Violations of Antitrust Laws.
337.167 - Administrative Procedures; Stays and Injunctions.
337.169 - Effect of Ch. 83-4 on Existing Remedies.
337.185 - State Arbitration Board.
337.19 - Suits by and Against Department; Limitation of Actions; Forum.
337.195 - Limits on Liability.
337.221 - Claims Settlement Process.
337.242 - Acquisition of Rail Corridors.
337.243 - Notification of Land Use Changes in Designated Transportation Corridors.
337.25 - Acquisition, Lease, and Disposal of Real and Personal Property.
337.2505 - Donations for Landscape Projects.
337.26 - Execution and Effect of Instruments of Sale, Lease, or Conveyance Executed by Department.
337.27 - Exercise of Power of Eminent Domain by Department; Procedure; Title; Cost.
337.273 - Transportation Corridors.
337.276 - Issuance of Bonds for Right-of-Way Land Acquisition and State Bridge Construction.
337.29 - Vesting of Title to Roads; Liability for Torts.
337.401 - Use of Right-of-Way for Utilities Subject to Regulation; Permit; Fees.
337.402 - Damage to Public Road Caused by Utility.
337.403 - Interference Caused by Utility; Expenses.
337.404 - Removal or Relocation of Utility Facilities; Notice and Order; Court Review.
337.406 - Unlawful Use of State Transportation Facility Right-of-Way; Penalties.
337.407 - Regulation of Signs and Lights Within Rights-of-Way.