Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 682
                        Barcode 415840
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: WD              .                    
       04/19/2006 03:40 PM         .                    
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11  The Committee on Banking and Insurance (Baker) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 627.442, Florida Statutes, is
19  created to read:
20         627.442  Construction contract insurance provisions;
21  acceptance, rejection, or application.--
22         (1)  If a written construction contract requires a
23  subcontractor, sub-subcontractor, or materialman to provide an
24  insurance policy or certificate of insurance to the general
25  contractor or another subcontractor for work performed or
26  materials provided, which extends coverage rights to an
27  additional insured, the general contractor or subcontractor is
28  deemed to have accepted the insurance policy or certificate of
29  insurance as conforming to the written construction contract
30  unless the general contractor or subcontractor rejects the
31  insurance policy or certificate of insurance in writing within
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    1:51 PM   04/19/06                             s0682d-bi20-tk0

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 415840 1 30 business days for commercial construction projects and 7 2 business days for residential construction projects after 3 receipt of the insurance policy or certificate of insurance. 4 The written rejection must specify the reason for rejection. 5 However, the general contractor or subcontractor may not be 6 deemed to have accepted an insurance policy or certificate of 7 insurance that does not comply with the insurance coverage 8 limits specified in the construction contract, that was 9 knowingly and fraudulently altered, or that reflects coverages 10 or conditions that are not contained in the underlying policy. 11 (2) After a general contractor or subcontractor 12 accepts an insurance policy or certificate of insurance or is 13 deemed to have accepted the insurance policy or certificate of 14 insurance, a general contractor or subcontractor may not use 15 the lack of conforming insurance as a reason to reject work 16 previously completed by a subcontractor or sub-subcontractor, 17 reject materials previously supplied by a materialman, or 18 withhold payment for work previously completed or materials 19 previously supplied. However, the general contractor or 20 subcontractor may reject work previously completed or 21 materials previously supplied or withhold payment for such 22 work or materials if the policy or certificate provided by the 23 subcontractor, sub-subcontractor, or materialman: 24 (a) Does not comply with the insurance coverage limits 25 specified in the construction contract; 26 (b) Was knowingly and fraudulently altered or reflects 27 coverages or conditions that are not contained in the 28 underlying policy; or 29 (c) Is canceled, nonrenewed, or materially and 30 adversely altered during the term of the construction 31 contract. 2 1:51 PM 04/19/06 s0682d-bi20-tk0
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 415840 1 (3) Subsection (1) does not preclude a general 2 contractor or subcontractor from rejecting as nonconforming an 3 insurance policy or certificate of insurance previously 4 accepted or deemed to have been accepted; however, such a 5 rejection shall be in writing and shall specify the reason for 6 rejection. A general contractor or subcontractor who rejects 7 in writing an insurance policy or certificate of insurance as 8 nonconforming and states the specific reason for such 9 rejection may withhold payment for the work performed or 10 materials supplied after the date of the rejection of the 11 policy or certificate. 12 (4) A policy of insurance issued by an authorized 13 insurer or self-insurance fund that is subject to ss. 631.901 14 631.932 may not be rejected as nonconforming by a general 15 contactor on the grounds that such authorized insurer or 16 self-insurance fund is rated or not rated by a nationally 17 recognized insurance rating service. 18 (5) This section shall not apply if at the time of the 19 request for proposals or bids, or prior to the subcontractor, 20 sub-subcontractor, or materialman commencing work or supplying 21 materials under the construction contract, the general 22 contractor or subcontractor provides a sample of an acceptable 23 certificate of insurance or a one-page schedule accurately 24 reflecting all insurance requirements which extend coverage 25 rights to an additional insured for that contract to the 26 subcontractor, sub-subcontractor, or materialman and the 27 insurance provided by the subcontractor, sub-subcontractor, or 28 materialman does not comply with the construction contract. A 29 schedule or sample certificate of insurance issued under this 30 subsection shall not be deemed to amend or modify the contract 31 between the parties in any way or to waive any requirement of 3 1:51 PM 04/19/06 s0682d-bi20-tk0
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 415840 1 the contract unless the schedule or certificate expressly 2 states that such an amendment, modification, or waiver is 3 intended. 4 (6) For purposes of this section, term: 5 (a) "Residential construction project" means the 6 construction, remodeling, repair, or improvement of a 7 one-family, two-family, or three-family residence not 8 exceeding two habitable stories above no more than one 9 uninhabitable story, and accessory-use structures in 10 connection therewith. 11 (b) "Commercial construction project" means any 12 construction, remodeling, repair, or improvement that does not 13 constitute a residential construction project. 14 (7) This section shall apply to contracts entered into 15 on or after July 1, 2006. 16 Section 2. Section 627.443, Florida Statutes, is 17 created to read: 18 627.443 Insurance rating service.--Notwithstanding any 19 other provision in this chapter, any person requiring a 20 workers' compensation policy pursuant to a construction 21 contract may not require that the policy be issued by an 22 insurer or self-insurance fund that is rated by a nationally 23 recognized insurance rating service if the issuing insurer or 24 self-insurance fund is subject to part V of chapter 631. 25 Section 3. This act shall take effect July 1, 2006. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 4 1:51 PM 04/19/06 s0682d-bi20-tk0
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 415840 1 and insert: 2 A bill to be entitled 3 An act relating to construction contracts; 4 creating s. 627.442, F.S.; specifying 5 acceptance of certain insurance provisions of a 6 construction contract under certain 7 circumstances; providing exceptions; 8 prohibiting certain actions after acceptance of 9 such provisions; providing an exception 10 authorizing such actions under certain 11 circumstances; authorizing contractors or 12 subcontractors to reject certain accepted 13 construction contract insurance provisions as 14 nonconforming under certain circumstances; 15 authorizing such contractors and subcontractors 16 to withhold payment for work performed or 17 materials supplied under certain circumstances; 18 prohibiting rejecting certain policies of 19 insurance on certain grounds; specifying 20 nonapplication of construction contract 21 insurance provisions under certain 22 circumstances; providing construction; 23 providing definitions; providing for 24 application to certain contracts; creating s. 25 627.443, F.S.; prohibiting a person who 26 requires a workers' compensation policy under a 27 construction contract from requiring that the 28 workers' compensation policy be issued by an 29 insurer or self-insurance fund that is rated by 30 a nationally recognized insurance rating 31 service if the issuing insurer or 5 1:51 PM 04/19/06 s0682d-bi20-tk0
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 682 Barcode 415840 1 self-insurance fund is subject to specified 2 laws; providing an effective date. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 6 1:51 PM 04/19/06 s0682d-bi20-tk0