HB 173

1
A bill to be entitled
2An act relating to construction contracts; creating s.
3627.442, F.S.; specifying acceptance of certain insurance
4provisions of a construction contract under certain
5circumstances; providing exceptions; prohibiting certain
6actions after acceptance of such provisions; providing an
7exception authorizing such actions under certain
8circumstances; authorizing contractors or subcontractors
9to reject certain accepted construction contract insurance
10provisions as nonconforming under certain circumstances;
11authorizing such contractors and subcontractors to
12withhold payment for work performed or materials supplied
13under certain circumstances; prohibiting rejecting certain
14policies of insurance on certain grounds; specifying
15nonapplication of construction contract insurance
16provisions under certain circumstances; providing
17construction; providing definitions; providing for
18application to certain contracts; creating s. 627.443,
19F.S.; prohibiting certain persons from requiring workers'
20compensation policies to be issued by certain entities
21under certain circumstances; providing effective dates.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 627.442, Florida Statutes, is created
26to read:
27     627.442  Construction contract insurance provisions;
28acceptance, rejection, or application.--
29     (1)  If a written construction contract requires a
30subcontractor, sub-subcontractor, or materialman to provide an
31insurance policy or certificate of insurance to the general
32contractor or another subcontractor for work performed or
33materials provided, which extends coverage rights to an
34additional insured, the general contractor or subcontractor is
35deemed to have accepted the insurance policy or certificate of
36insurance as conforming to the written construction contract
37unless the general contractor or subcontractor rejects the
38insurance policy or certificate of insurance in writing within
3930 business days for commercial construction projects and 7
40business days for residential construction projects after
41receipt of the insurance policy or certificate of insurance. The
42written rejection must specify the reason for rejection.
43However, the general contractor or subcontractor may not be
44deemed to have accepted an insurance policy or certificate of
45insurance that does not comply with the insurance coverage
46limits specified in the construction contract, that was
47knowingly and fraudulently altered, or does not accurately
48reflect the coverages contained in the policy in force.
49     (2)  After a general contractor or subcontractor accepts an
50insurance policy or certificate of insurance or is deemed to
51have accepted the insurance policy or certificate of insurance,
52an owner, general contractor, or subcontractor may not use the
53lack of conforming insurance as a reason to reject work
54previously completed by a subcontractor or sub-subcontractor,
55reject materials previously supplied by a materialman, or
56withhold payment for work previously completed or materials
57previously supplied. However, the general contractor or
58subcontractor may reject work previously completed or materials
59previously supplied or withhold payment for such work or
60materials if the policy or certificate provided by the
61subcontractor, sub-subcontractor, or materialman:
62     (a)  Does not comply with the insurance coverage limits
63specified in the construction contract;
64     (b)  Was knowingly and fraudulently altered or does not
65accurately reflect the coverages contained in the policy in
66force; or
67     (c)  Is canceled, nonrenewed, or materially and adversely
68altered such that the policy or certificate no longer satisfies
69contract requirements.
70     (3)  Subsection (1) does not preclude a general contractor
71or subcontractor from rejecting as nonconforming an insurance
72policy or certificate of insurance previously accepted or deemed
73to have been accepted; however, such a rejection shall be in
74writing and shall specify the reason for rejection. A general
75contractor or subcontractor who rejects in writing an insurance
76policy or certificate of insurance as nonconforming and states
77the specific reason for such rejection may withhold payment for
78the work performed or materials supplied after the date of the
79rejection of the policy or certificate.
80     (4)  This section shall not apply if at the time of the
81request for proposals or bids, or prior to the subcontractor,
82sub-subcontractor, or materialman commencing work or supplying
83materials under the construction contract, the general
84contractor or subcontractor provides a sample of an acceptable
85certificate of insurance or a one-page schedule accurately
86reflecting all insurance requirements which extend coverage
87rights to an additional insured for that contract to the
88subcontractor, sub-subcontractor, or materialman and the
89insurance provided by the subcontractor, sub-subcontractor, or
90materialman does not comply with the construction contract. A
91schedule or sample certificate of insurance issued under this
92subsection shall not be deemed to amend or modify the contract
93between the parties in any way or to waive any requirement of
94the contract unless the schedule or certificate expressly states
95that such an amendment, modification, or waiver is intended.
96     (5)  For purposes of this section, term:
97     (a)  "Residential construction project" means the
98construction, remodeling, repair, or improvement of a one-
99family, two-family, or three-family residence not exceeding two
100habitable stories above no more than one uninhabitable story,
101and accessory-use structures in connection therewith.
102     (b)  "Commercial construction project" means any
103construction, remodeling, repair, or improvement that does not
104constitute a residential construction project.
105     (6)  This section shall apply to contracts entered into on
106or after October 1, 2006.
107     Section 2.  Effective July 1, 2006, section 627.443,
108Florida Statutes, is created to read:
109     627.443  Workers' compensation policy
110limitations.--Notwithstanding any other provision in this
111chapter, any person requiring a workers' compensation policy
112pursuant to a construction contract shall not require such
113policy to be issued by an insurer or self-insurance fund that is
114rated by a nationally recognized insurance rating service,
115provided the issuing insurer or self-insurance fund is subject
116to part V of chapter 631.
117     Section 3.  Except as otherwise expressly provided in this
118act, this act shall take effect October 1, 2006.


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