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Volume 5, Issue 3

Do Your Construction Clients Need Workers’ Comp Issued By a Rated Carrier?

Over the past few years, more and more general contractors (particularly

residential contractors) and owners of very large public construction contracts have started putting unrealistic insurance requirements on subcontractors that they hire for these projects. In particular, GC’s often

require their subs’ workers’ comp policy to be issued by a carrier with an A- or better rating by a nationally-recognized insurance rating service such as A.M. Best. This practice is unfair and discriminates against those contractors who are insured through self-insurance funds in Florida. Because Funds in Florida do not have ratings, contractors insured with a Fund have been kicked off job sites and forced to find other insurance. Often, the sub is not told about the insurance requirements until after the work was started (and sometimes even completed), and we have heard from many subs whose

checks were withheld by the GC.

Senator Don Gaetz, a Republican from Niceville, saw the unfairness in this situation and filed a bill this past legislative session that would outlaw the practice of requiring workers’ compensation coverage to be rated. We are proud to report that bill was approved unanimously by the Florida Legislature,

signed by Governor Crist, and it became effective July 1st.

Under the new law, any person who requires a sub to have a workers’ compensation policy cannot reject that policy on the basis that it is issued by a self-insurance fund that is not rated by a nationally-recognized rating service. If your clients have their workers’ comp with us and are being told by their GC that they will not accept our coverage, please call us. We will fax a copy of the new law either to you or directly to the GC and explain that this practice is no longer allowable under Florida law.

FUBA would like to thank Senator Don Gaetz (R-Niceville) and Representative Dennis Ross (R-Lakeland) for sponsoring this bill on behalf of FUBA’s members. Without their support, this new law would not have been possible.

If you need a copy of this new law or if you have questions about it, please call the FUBA offices at 800-262-4483.

Published by FUBA Workers’ Comp

May/June/July 2007

Who’s Who: Senator Don Gaetz

Senator Don Gaetz (left) and constituent George Norris

In this edition of Who’s Who, we would like to introduce you to one of Florida’s newest legislators and friend to FUBA Workers’ Comp.

Senator Don Gaetz is not your ordinary State Legislator

  • his drive to make positive changes early on in his career

is unrivaled. With a background in business and finance, Senator Gaetz is a businessman at heart, continuously striving to reach his goals and thinking about the needs of his clients. Whether they are healthcare consumers nationwide, Okaloosa County’s teachers & students, or his panhandle small business constituents, Senator Gaetz is a leader and champion of the people.

Senator Gaetz earned his bachelor’s degree in political science and theology from Concordia College in Minnesota, and a master’s degree in public administration from Troy State University. He moved to Florida in 1978 as chief operating officer of a multi-hospital system in the Jacksonville area. He and his wife, Vicky, have two children, son Matthew, who graduated this spring as a doctor of laws from the College of William and Mary and daughter, Erin, an Echols Scholar graduate in history at the University of Virginia.

Continued on reverse side...

Questions? Contact: FUBA Workers’ Comp Marketing Department

Toll Free (888) 262-4483 Local (850) 577-3030 Fax (888) 871-7474


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