An indemnity clause signed after July 1, 2010 is void here
Buried at the end of the safety statute, where nobody looking for contract law would think to check, is a provision that changes what a broker agreement is worth in Florida. Fla. Stat. § 316.302(13)(a) provides that, notwithstanding any provision of law to the contrary, a provision “contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee from or against any liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against the public policy of this state and is void and unenforceable.”
Three phrases in that sentence widen it beyond the obvious case. “Contained in, collateral to, or affecting” reaches side agreements and not only the four corners of the haul contract. “Or has the effect of” reaches a clause drafted to achieve indemnity without using the word. And “defend” is named alongside indemnify and hold harmless, so a duty-to-defend obligation is inside the prohibition rather than beside it.
Subsection (13)(b) defines who is protected and who is not, and the carve-out at the end is the part that matters to an owner-operator. “Promisee” means the contract’s promisee and its agents, employees, servants and independent contractors directly responsible to it, “except that the term does not include motor carriers which are party to a motor carrier transportation contract with the contract’s promisee, including such motor carrier’s agents, employees, servants, or independent contractors directly responsible to such motor carrier.” The protection runs against the party asking for indemnity, not in favor of a carrier seeking it from another carrier.
Subsection (13)(c) sets the date: the subsection “only applies to motor carrier transportation contracts entered into or renewed on or after July 1, 2010.” Renewal counts, which means an old agreement rolled forward is inside the provision even though the original signature predates it.
For a class of operator who signs broker agreements as offered and negotiates none of them, this is one of the few provisions in Florida law that improves a contract without the operator doing anything. It does not fix a bad agreement. It removes one specific term from the parts of it Florida will enforce.