SENATE AMENDMENT
Bill No. CS for SB 2364, 1st Eng.
Amendment No. ___ Barcode 871440
CHAMBER ACTION
Senate House
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11 Senator Bennett moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 77, between lines 22 and 23,
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16 insert:
17 Section 82. Subsections (2) and (3) are added to
18 section 725.06, Florida Statutes, to read:
19 725.06 Construction contracts; limitation on
20 indemnification.--
21 (2) If, as part of any agreement or contract for or in
22 connection with, or any guarantee of or in connection with,
23 any construction, alteration, repair, or demolition of a
24 building, structure, appurtenance, or appliance, including
25 moving and excavating associated with such activities, between
26 or among an architect, engineer, general contractor,
27 subcontractor, sub-subcontractor, or materialman or any
28 combination of such persons, a policy of insurance extends
29 certain coverage rights to an additional insured for liability
30 arising out of the acts, errors, or omissions of the named
31 insured, such additional insured coverage shall provide
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1:27 PM 04/30/03 s2364c1c-21c9j
SENATE AMENDMENT
Bill No. CS for SB 2364, 1st Eng.
Amendment No. ___ Barcode 871440
1 liability protection only to the additional insured for the
2 imputed or vicarious liability imposed on the additional
3 insured as a direct consequence of the negligent acts or
4 omissions of the named insured.
5 (3) If a written contract requires a subcontractor,
6 sub-subcontractor, or materialman to provide a policy of
7 insurance or a certificate of insurance to a general
8 contractor or subcontractor, extending specific coverage
9 rights to an additional insured:
10 (a) The general contractor or subcontractor may at any
11 point prior to the date the subcontractor, sub-subcontractor,
12 or materialman commences work or delivers material to the
13 project accept or reject the policy as being nonconforming;
14 (b) If the policy is not rejected, the general
15 contractor or subcontractor shall be deemed to have accepted
16 the policy; and
17 (c) The general contractor or subcontractor may not
18 use the lack of conforming insurance as a reason to reject
19 work already completed by a subcontractor or
20 sub-subcontractor, or material already supplied by the
21 materialman, or withhold payment to the subcontractor,
22 sub-subcontractor, or materialman for work already completed
23 or material already supplied.
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25 (Redesignate subsequent sections.)
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28 ================ T I T L E A M E N D M E N T ===============
29 And the title is amended as follows:
30 On page 6, line 5, after the semicolon,
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1:27 PM 04/30/03 s2364c1c-21c9j
SENATE AMENDMENT
Bill No. CS for SB 2364, 1st Eng.
Amendment No. ___ Barcode 871440
1 insert:
2 amending s. 725.06, F.S.; extending certain
3 coverage rights in a policy of insurance
4 relative to construction contracts;
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