HB 1087 2003
1	CHAMBER ACTION
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6	The Committee on Insurance recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to participation in insurance plans;
12	amending ss. 255.05 and 287.057, F.S.; prohibiting the
13	requirement that contractors or subcontractors under
14	certain contracts participate in, or be penalized for
15	nonparticipation in, certain insurance plans; specifying
16	nonprohibition of municipality or county use of plan
17	participation as a factor in the public bidding process;
18	providing application; providing an effective date.
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20	Be It Enacted by the Legislature of the State of Florida:
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22	Section 1. Subsection (10) is added to section 255.05,
23	Florida Statutes, to read:
24	255.05 Bond of contractor constructing public buildings;
25	form; action by materialmen.--
26	(10) A party to a contract to which this section applies
27	may not require a contractor or a subcontractor to participate
28	in, and a party may not be penalized for not participating in,
29	an insurance plan controlled by an owner or contractor under
30	which plan an owner or contractor, or an agent of the owner or
31	contractor, obtains insurance coverage for contractors and
32	subcontractors relating to a project or group of related
33	projects, including, but not limited to, workers' compensation,
34	employer's liability, general liability, or builder's risk
35	insurance. Nothing in this section shall prohibit a municipality
36	or county from using the participation in an owner-controlled
37	insurance plan as a factor in the public bidding process.
38	Section 2. Subsection (25) is added to section 287.057,
39	Florida Statutes, to read:
40	287.057 Procurement of commodities or contractual
41	services.--
42	(25) A party to a contract to which this section applies
43	may not require a contractor or a subcontractor to participate
44	in, and a party may not be penalized for not participating in,
45	an insurance plan controlled by an owner or contractor under
46	which plan an owner or contractor, or an agent of the owner or
47	contractor, obtains insurance coverage for contractors and
48	subcontractors relating to a project or group of related
49	projects, including, but not limited to, workers' compensation,
50	employer's liability, general liability, or builder's risk
51	insurance. Nothing in this section shall prohibit a municipality
52	or county from using the participation in an owner-controlled
53	insurance plan as a factor in the public bidding process.
54	Section 3. This act shall take effect upon becoming a law
55	and shall apply to contracts entered into on or after that date.