Senate Bill sb0718

    Florida Senate - 2003                                   SB 718

    By Senators Wise, Bennett and Campbell





    5-569-03

  1                      A bill to be entitled

  2         An act relating to participation in insurance

  3         plans; amending ss. 255.05 and 287.057, F.S.;

  4         prohibiting the requirement that contractors or

  5         subcontractors under certain contracts

  6         participate in, or be penalized for

  7         nonparticipation in, certain insurance plans;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (10) is added to section 255.05,

13  Florida Statutes, to read:

14         255.05  Bond of contractor constructing public

15  buildings; form; action by materialmen.--

16         (10)  A party to a contract to which this section

17  applies may not require a contractor or a subcontractor to

18  participate in, and a party may not be penalized for not

19  participating in, an insurance plan controlled by an owner or

20  contractor under which plan an owner or contractor, or an

21  agent of the owner or contractor, obtains insurance coverage

22  for contractors and subcontractors relating to a project or

23  group of related projects, including, but not limited to,

24  workers' compensation, employer's liability, general

25  liability, or builder's risk insurance.

26         Section 2.  Subsection (25) is added to section

27  287.057, Florida Statutes, to read:

28         287.057  Procurement of commodities or contractual

29  services.--

30         (25)  A party to a contract to which this section

31  applies may not require a contractor or a subcontractor to

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                   SB 718
    5-569-03




 1  participate in, and a party may not be penalized for not

 2  participating in, an insurance plan controlled by an owner or

 3  contractor under which plan an owner or contractor, or an

 4  agent of the owner or contractor, obtains insurance coverage

 5  for contractors and subcontractors relating to a project or

 6  group of related projects, including, but not limited to,

 7  workers' compensation, employer's liability, general

 8  liability, or builder's risk insurance.

 9         Section 3.  This act shall take effect upon becoming a

10  law.

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13                          SENATE SUMMARY

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      Prohibits parties to contracts for public building
15    construction or procurement of commodities or contractual
      services from requiring a contractor or a subcontractor
16    to participate in, or be penalized for not participating
      in, an insurance plan controlled by an owner or
17    contractor under which plan insurance, such as workers'
      compensation, employer's liability, general liability, or
18    builder's risk insurance, is obtained for contractors and
      subcontractors.
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CODING: Words stricken are deletions; words underlined are additions.