Senate Bill sb0718c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                            CS for SB 718

    By the Committee on Commerce, Economic Opportunities, and
    Consumer Services; and Senators Wise, Bennett and Campbell




    310-2475-03

  1                      A bill to be entitled

  2         An act relating to insurance; creating s.

  3         255.0517, F.S.; defining terms; limiting the

  4         authority of certain public agencies to

  5         purchase owner-controlled-insurance programs

  6         for public construction projects; establishing

  7         purchase requirements; providing exemptions;

  8         creating s. 627.441, F.S.; requiring insurers

  9         issuing commercial general liability policies

10         to offer coverage for completed operations

11         liability for certain contractors to the extent

12         that coverage is not provided under an

13         owner-controlled-insurance program; providing

14         an effective date.

15  

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

17  

18         Section 1.  Section 255.0517, Florida Statutes, is

19  created to read:

20         255.0517  Owner-controlled-insurance programs for

21  public 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 which may provide one or more of the

26  following types of insurance coverage for all of the

27  contractors, subcontractors, architects, and engineers working

28  at specified or multiple contracted work sites of a public

29  construction project: general liability, property damage,

30  workers' compensation, employer's liability, builder's risk,

31  or pollution liability coverage.

                                  1

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






    Florida Senate - 2003                            CS for SB 718
    310-2475-03




 1         (b)  "Specified contracted work site" means

 2  construction being performed during one or more fiscal years

 3  at one site or a series of contiguous sites separated only by

 4  a street, roadway, waterway, or railroad right-of-way, or

 5  along a continuous system for the provision for water and

 6  power.

 7         (c)  "Multiple contracted work site" means construction

 8  being performed at multiple sites during one or more fiscal

 9  years which is part of an ongoing capital infrastructure

10  improvement program or which involves the construction of one

11  or more public schools.

12         (2)  PURCHASE REQUIREMENTS.--A state agency, political

13  subdivision, state university, community college, airport

14  authority, or other public agency in this state, or any

15  instrumentality thereof, may only purchase an

16  owner-controlled-insurance program in connection with a public

17  construction project if it is determined necessary and in the

18  best interest of the public agency and if each of the

19  following conditions is met:

20         (a)  The estimated total cost of the project is:

21         1.  Seventy-five million dollars or more;

22         2.  Thirty million dollars or more, if the project is

23  for the construction or renovation of two or more public

24  schools during a fiscal year; or

25         3.  Ten million dollars or more, if the project is for

26  the construction or renovation of one public school,

27  regardless of whether the project's duration extends beyond a

28  fiscal year.

29         (b)  The program maintains

30  completed-operations-insurance coverage for a term during

31  

                                  2

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






    Florida Senate - 2003                            CS for SB 718
    310-2475-03




 1  which the coverage is reasonably commercially available as

 2  determined by the public agency, but for no less than 5 years.

 3         (c)  The bid or proposal specifications for the project

 4  clearly specify, for all bidders or proposers, the insurance

 5  coverage provided under the program and the minimum safety

 6  requirements that must be met.

 7         (d)  The program does not prohibit a contractor or

 8  subcontractor from purchasing any additional insurance

 9  coverage that the contractor or subcontractor believes is

10  necessary for protection against any liability arising out of

11  the contract. The cost of the additional insurance must be

12  disclosed to the public agency.

13         (e)  The program does not include surety insurance.

14         (f)  The public agency may only purchase an

15  owner-controlled-insurance policy that has a deductible or

16  self-insured retention if the deductible or self-insured

17  retention does not exceed $1 million.

18         (g)  The public agency is responsible for payment of

19  the applicable deductibles of all claims.

20         (3)  EXEMPTIONS.--This section does not apply to the

21  following projects:

22         (a)  Any project of the Department of Transportation

23  which is authorized under s. 337.11;

24         (b)  Any existing project or projects of a public

25  agency which are the subject of an ongoing,

26  owner-controlled-insurance program issued before October 1,

27  2003; or

28         (c)  Any project of a public agency which is advertised

29  by the public agency before October 1, 2003, for the purpose

30  of receiving bids or proposals for the project.

31  

                                  3

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






    Florida Senate - 2003                            CS for SB 718
    310-2475-03




 1         Section 2.  Section 627.441, Florida Statutes, is

 2  created to read:

 3         627.441  Commercial general liability policies;

 4  coverage to contractors for completed operations.--

 5         (1)  As used in this section, the term:

 6         (a)  "Contractor" means a contractor, subcontractor,

 7  architect, or engineer performing work on a public

 8  construction project under contract with a public agency, as

 9  described in s. 255.0517(2).

10         (b)  "Liability insurer" means an insurer issuing a

11  commercial general liability insurance policy in this state to

12  a contractor which provides coverage for liability arising out

13  of completed operations performed by the contractor or on the

14  contractor's behalf.

15         (2)  A liability insurer must offer coverage at an

16  appropriate additional premium for liability arising out of

17  current or completed operations under an

18  owner-controlled-insurance program for any period beyond the

19  period for which the program provides liability coverage, as

20  specified in s. 255.0517(2)(b). The period of this coverage

21  must be sufficient to protect against liability arising out of

22  an action brought within the time limits provided in s.

23  95.11(3)(c).

24         Section 3.  This act shall take effect October 1, 2003.

25  

26  

27  

28  

29  

30  

31  

                                  4

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






    Florida Senate - 2003                            CS for SB 718
    310-2475-03




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 718

 3                                 

 4  The committee substitute replaces the original bill and
    restricts the authority of certain public agencies (i.e.,
 5  state agencies, political subdivisions, state universities,
    community colleges, and airport authorities) to purchase an
 6  owner-controlled-insurance program (OCIPs) in connection with
    a public construction project, except under specified
 7  conditions. These conditions include a requirement that the
    estimated total cost of the public construction project must
 8  be at least $75 million, at least $30 million if the project
    is for construction or renovation of two or more public
 9  schools during a fiscal year, or at least $10 million if the
    project is for construction or renovation of one public
10  school. The committee substitute exempts from these
    restrictions OCIPs in connection with road projects of the
11  Department of Transportation, with existing projects that are
    the subject of ongoing OCIPs, or with projects advertising
12  bids before October 1, 2003.

13  The committee substitute requires each OCIP to maintain
    insurance coverage with respect to completed operations for a
14  term that is reasonably commercially available, but for at
    least 5 years. In addition, the committee substitute requires
15  insurers to offer insurance coverage at an appropriate
    additional premium for liability arising out of current or
16  completed operations under an OCIP for a period beyond the
    period covered by the OCIP.
17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  5

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