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<br /> <br />HB 301 2025 <br /> <br /> <br /> <br />CODING: Words stricken are deletions; words underlined are additions. <br />hb301-00 <br />Page 26 of 80 <br />F L O R I D A H O U S E O F R E P R E S E N T A T I V E S <br /> <br /> <br /> <br /> 337.19 Suits by and against department; limitation of 626 <br />actions; forum.β€” 627 <br /> (1) Suits at law and in equity may be brought and 628 <br />maintained by and against the department on any contract claim 629 <br />arising from breach of an express provision or an implied 630 <br />covenant of a written agreement or a written directive issued by 631 <br />the department pursuant to the written agreement. In any such 632 <br />suit, the department and the contractor shall have all of the 633 <br />same rights and obligations as a private person under a like 634 <br />contract except that no liability may be based on an oral 635 <br />modification of either the written contract or written 636 <br />directive. Nothing herein shall be construed to waive the 637 <br />sovereign immunity of the state and its political subdivisions 638 <br />from equitable claims and equitable remedies. Notwithstanding 639 <br />anything to the contrary contained in this section, no employee 640 <br />or agent of the department may be held personally liable to an 641 <br />extent greater than that pursuant to s. 768.28 provided that no 642 <br />suit sounding in tort shall be maintained against the 643 <br />department. 644 <br /> Section 18. For the purpose of incorporating the amendment 645 <br />made by this act to section 768.28, Florida Statutes, in a 646 <br />reference thereto, subsection (17) of section 341.302, Florida 647 <br />Statutes, is reenacted to read: 648 <br /> 341.302 Rail program; duties and responsibilities of the 649 <br />department.β€”The department, in conjunction with other 650