1 | A bill to be entitled |
2 | An act relating to owner-controlled insurance programs for |
3 | public construction projects; amending s. 255.0517, F.S.; |
4 | revising definitions; revising conditions precedent to the |
5 | purchase by specified state agencies or entities of an |
6 | owner-controlled insurance program in connection with a |
7 | public construction project; reenacting s. 627.441(2), |
8 | F.S., relating to a requirement that liability insurers |
9 | offer coverage for a specified period for liability |
10 | arising out of current or completed operations under an |
11 | owner-controlled insurance program, for the purpose of |
12 | incorporating the amendment to s. 255.0517, F.S., in a |
13 | reference thereto; providing an effective date. |
14 |
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15 | Be It Enacted by the Legislature of the State of Florida: |
16 |
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17 | Section 1. Subsection (1) and paragraphs (a) and (b) of |
18 | subsection (2) of section 255.0517, Florida Statutes, are |
19 | amended to read: |
20 | 255.0517 Owner-controlled insurance programs for public |
21 | construction projects.-- |
22 | (1) DEFINITIONS.--As used in this section, the term: |
23 | (a) "Owner-controlled insurance program" means a |
24 | consolidated insurance program or series of insurance policies |
25 | issued to a public agency that may provide one or more of the |
26 | following types of insurance coverage for any contractor or |
27 | subcontractor working at a specified or multiple contracted work |
28 | site sites of a public construction project: general liability, |
29 | property damage excluding coverage for damage to real property, |
30 | workers' compensation, employer's liability, or pollution |
31 | liability coverage. |
32 | (b) "Specified contracted work site" means construction |
33 | being performed during one or more fiscal years at one site or a |
34 | series of contiguous sites separated only by a street, roadway, |
35 | waterway, or railroad right-of-way. A work site will not be |
36 | deemed to be contiguous for purposes of this section solely |
37 | because the work involves infrastructure improvements to related |
38 | delivery systems or along a continuous system for the provision |
39 | for water and power. |
40 | (c) "Multiple contracted work site" means construction |
41 | being performed at multiple sites during one or more fiscal |
42 | years that is part of an ongoing capital infrastructure |
43 | improvement program or involves the construction of one or more |
44 | public schools. |
45 | (2) PURCHASE REQUIREMENTS.--A state agency, political |
46 | subdivision, state university, community college, airport |
47 | authority, or other public agency in this state, or any |
48 | instrumentality thereof, may only purchase an owner-controlled |
49 | insurance program in connection with a public construction |
50 | project if it is determined necessary and in the best interest |
51 | of the public agency and if all of the following conditions are |
52 | met: |
53 | (a) The construction work will be performed under a single |
54 | prime contract and the estimated total amount of the prime |
55 | contract 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 |
58 | the construction or renovation of two or more public schools |
59 | during a fiscal year; or |
60 | 3. Ten million dollars or more, if the project is for the |
61 | construction or renovation of one public school, regardless of |
62 | whether the project's duration extends beyond a fiscal year. |
63 | (b) The program maintains completed operations insurance |
64 | coverage for the period of time provided in s. 95.11(3)(c) for |
65 | actions founded on construction defects a term during which the |
66 | coverage is reasonably commercially available, as determined by |
67 | the public agency, but for no less than 5 years. |
68 | Section 2. For the purpose of incorporating the amendment |
69 | made by this act to section 255.0517, Florida Statutes, in a |
70 | reference thereto, subsection (2) of section 627.441, Florida |
71 | Statutes, is reenacted to read: |
72 | 627.441 Commercial general liability policies; coverage to |
73 | contractors for completed operations.-- |
74 | (2) A liability insurer must offer coverage at an |
75 | appropriate additional premium for liability arising out of |
76 | current or completed operations under an owner-controlled |
77 | insurance program for any period beyond the period for which the |
78 | program provides liability coverage, as specified in s. |
79 | 255.0517(2)(b). The period of such coverage must be sufficient |
80 | to protect against liability arising out of an action brought |
81 | within the time limits provided in s. 95.11(3)(c). |
82 | Section 3. This act shall take effect July 1, 2007. |