Florida § 558.0035 Design professionals; contractual limitation on liability

Florida Statutes

§ 558.0035 — Design professionals; contractual limitation on liability

Florida § 558.0035

TitleXXXIII

Ch. 558CONSTRUCTION DEFECTS

This text of Florida § 558.0035 (Design professionals; contractual limitation on liability) is published on Counsel Stack Legal Research, covering Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fla. Stat. § 558.0035 (2026).

Text

(1)A design professional employed by a business entity or an agent of the business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract if:

(a)The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant;

(b)The contract does not name as a party to the contract the individual employee or agent who will perform the professional services;

(c)The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence;

(d)The business entity maintain

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(1) A design professional employed by a business entity or an agent of the business entity is not individually liable for damages resulting from negligence occurring within the course and scope of a professional services contract if: (a) The contract is made between the business entity and a claimant or with another entity for the provision of professional services to the claimant; (b) The contract does not name as a party to the contract the individual employee or agent who will perform the professional services; (c) The contract includes a prominent statement, in uppercase font that is at least 5 point sizes larger than the rest of the text, that, pursuant to this section, an individual employee or agent may not be held individually liable for negligence; (d) The business entity maintains any professional liability insurance required under the contract; and (e) Any damages are solely economic in nature and the damages do not extend to personal injuries or property not subject to the contract.

(2) As used in this section, the term “business entity” means any corporation, limited liability company, partnership, limited partnership, proprietorship, firm, enterprise, franchise, association, self-employed individual, or trust, whether fictitiously named or not, doing business in this state.