HB 843

1
A bill to be entitled
2An act relating to owner-controlled insurance programs for
3public construction projects; amending s. 255.0517, F.S.;
4revising definitions; revising conditions precedent to the
5purchase by specified state agencies or entities of an
6owner-controlled insurance program in connection with a
7public construction project; reenacting s. 627.441(2),
8F.S., relating to a requirement that liability insurers
9offer coverage for a specified period for liability
10arising out of current or completed operations under an
11owner-controlled insurance program, for the purpose of
12incorporating the amendment to s. 255.0517, F.S., in a
13reference thereto; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Subsection (1) and paragraphs (a) and (b) of
18subsection (2) of section 255.0517, Florida Statutes, are
19amended to read:
20     255.0517  Owner-controlled insurance programs for public
21construction projects.--
22     (1)  DEFINITIONS.--As used in this section, the term:
23     (a)  "Owner-controlled insurance program" means a
24consolidated insurance program or series of insurance policies
25issued to a public agency that may provide one or more of the
26following types of insurance coverage for any contractor or
27subcontractor working at a specified or multiple contracted work
28site sites of a public construction project: general liability,
29property damage excluding coverage for damage to real property,
30workers' compensation, employer's liability, or pollution
31liability coverage.
32     (b)  "Specified contracted work site" means construction
33being performed during one or more fiscal years at one site or a
34series of contiguous sites separated only by a street, roadway,
35waterway, or railroad right-of-way. A work site will not be
36deemed to be contiguous for purposes of this section solely
37because the work involves infrastructure improvements to related
38delivery systems or along a continuous system for the provision
39for water and power.
40     (c)  "Multiple contracted work site" means construction
41being performed at multiple sites during one or more fiscal
42years that is part of an ongoing capital infrastructure
43improvement program or involves the construction of one or more
44public schools.
45     (2)  PURCHASE REQUIREMENTS.--A state agency, political
46subdivision, state university, community college, airport
47authority, or other public agency in this state, or any
48instrumentality thereof, may only purchase an owner-controlled
49insurance program in connection with a public construction
50project if it is determined necessary and in the best interest
51of the public agency and if all of the following conditions are
52met:
53     (a)  The construction work will be performed under a single
54prime contract and the estimated total amount of the prime
55contract cost of the project is:
56     1.  Seventy-five million dollars or more;
57     2.  Thirty million dollars or more, if the project is for
58the construction or renovation of two or more public schools
59during a fiscal year; or
60     3.  Ten million dollars or more, if the project is for the
61construction or renovation of one public school, regardless of
62whether the project's duration extends beyond a fiscal year.
63     (b)  The program maintains completed operations insurance
64coverage for the period of time provided in s. 95.11(3)(c) for
65actions founded on construction defects a term during which the
66coverage is reasonably commercially available, as determined by
67the public agency, but for no less than 5 years.
68     Section 2.  For the purpose of incorporating the amendment
69made by this act to section 255.0517, Florida Statutes, in a
70reference thereto, subsection (2) of section 627.441, Florida
71Statutes, is reenacted to read:
72     627.441  Commercial general liability policies; coverage to
73contractors for completed operations.--
74     (2)  A liability insurer must offer coverage at an
75appropriate additional premium for liability arising out of
76current or completed operations under an owner-controlled
77insurance program for any period beyond the period for which the
78program provides liability coverage, as specified in s.
79255.0517(2)(b). The period of such coverage must be sufficient
80to protect against liability arising out of an action brought
81within the time limits provided in s. 95.11(3)(c).
82     Section 3.  This act shall take effect July 1, 2007.


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