HOUSE AMENDMENT
                                     Bill No. CS/HB 1927, 2nd Eng.
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Ross and Paul offered the following:
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13         Amendment to Amendment (024565) (with title amendment) 
14         On page 1, between lines 18 and 19,
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16  insert:  
17         Section 1.  Section 440.06, Florida Statutes, is
18  amended to read:
19         440.06  Failure to secure compensation; effect.--Every
20  employer who fails to secure the payment of compensation, as
21  provided in s. 440.10, by failing to meet the requirements of
22  under this chapter as provided in s. 440.38 may not, in any
23  suit brought against him or her by an employee subject to this
24  chapter to recover damages for injury or death, defend such a
25  suit on the grounds that the injury was caused by the
26  negligence of a fellow servant, that the employee assumed the
27  risk of his or her employment, or that the injury was due to
28  the comparative negligence of the employee.
29         Section 2.  Paragraph (a) of subsection (1) of section
30  440.10, Florida Statutes, is amended to read:
31         440.10  Liability for compensation.--
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    File original & 9 copies    05/04/01                          
    hbd0001                     08:28 pm         01927-0063-984931

HOUSE AMENDMENT Bill No. CS/HB 1927, 2nd Eng. Amendment No. ___ (for drafter's use only) 1 (1)(a) Every employer coming within the provisions of 2 this chapter, including any brought within the chapter by 3 waiver of exclusion or of exemption, shall be liable for, and 4 shall secure, in accordance with s. 440.38, the payment to his 5 or her employees, or any physician, surgeon, or pharmacist 6 providing services under the provisions of s. 440.13, of the 7 compensation payable under ss. 440.13, 440.15, and 440.16. Any 8 contractor or subcontractor who engages in any public or 9 private construction in the state shall secure and maintain 10 compensation for his or her employees under this chapter as 11 provided in s. 440.38. 12 Section 3. Subsection (1) of section 440.11, Florida 13 Statutes, is amended to read: 14 440.11 Exclusiveness of liability.-- 15 (1) Except if an employer acts with the intent to 16 cause injury or death, the liability of an employer prescribed 17 in s. 440.10 shall be exclusive and in place of all other 18 liability, including any vicarious liability, of such employer 19 to any third-party tortfeasor and to the employee, the legal 20 representative thereof, husband or wife, parents, dependents, 21 next of kin, and anyone otherwise entitled to recover damages 22 from such employer at law or in admiralty on account of such 23 injury or death, except that if an employer fails to secure 24 payment of compensation in accordance with s. 440.38 as 25 required by this chapter, an injured employee, or the legal 26 representative thereof in case death results from the injury, 27 may elect to claim compensation under this chapter or to 28 maintain an action at law or in admiralty for damages on 29 account of such injury or death. In such action the defendant 30 may not plead as a defense that the injury was caused by 31 negligence of a fellow employee, that the employee assumed the 2 File original & 9 copies 05/04/01 hbd0001 08:28 pm 01927-0063-984931
HOUSE AMENDMENT Bill No. CS/HB 1927, 2nd Eng. Amendment No. ___ (for drafter's use only) 1 risk of the employment, or that the injury was due to the 2 comparative negligence of the employee. The same immunities 3 from liability enjoyed by an employer shall extend as well to 4 each employee of the employer when such employee is acting in 5 furtherance of the employer's business and the injured 6 employee is entitled to receive benefits under this chapter. 7 Such fellow-employee immunities shall not be applicable to an 8 employee who acts, with respect to a fellow employee, with 9 willful and wanton disregard or unprovoked physical aggression 10 or with gross negligence when such acts result in injury or 11 death or such acts proximately cause such injury or death, nor 12 shall such immunities be applicable to employees of the same 13 employer when each is operating in the furtherance of the 14 employer's business but they are assigned primarily to 15 unrelated works within private or public employment. The same 16 immunity provisions enjoyed by an employer shall also apply to 17 any sole proprietor, partner, corporate officer or director, 18 supervisor, or other person who in the course and scope of his 19 or her duties acts in a managerial or policymaking capacity 20 and the conduct which caused the alleged injury arose within 21 the course and scope of said managerial or policymaking duties 22 and was not a violation of a law, whether or not a violation 23 was charged, for which the maximum penalty which may be 24 imposed does not exceed 60 days' imprisonment as set forth in 25 s. 775.082. The immunity from liability provided in this 26 subsection extends to county governments with respect to 27 employees of county constitutional officers whose offices are 28 funded by the board of county commissioners. Intent, as used 29 in this subsection, does not include actions of an employer 30 that are substantially certain to result in injury or death. 31 If an employee recovers damages from an employer either by 3 File original & 9 copies 05/04/01 hbd0001 08:28 pm 01927-0063-984931
HOUSE AMENDMENT Bill No. CS/HB 1927, 2nd Eng. Amendment No. ___ (for drafter's use only) 1 judgment or settlement under this subsection, the workers' 2 compensation carrier for the employer or the employer, if 3 self-insured, shall have an offset against any workers' 4 compensation benefits to which the employee would be entitled 5 under this chapter. Nothing in this subsection shall create 6 or result in vicarious liability on the part of the employer. 7 Section 4. Subsection (8) is added to section 440.39, 8 Florida Statutes, to read: 9 440.39 Compensation for injuries when third persons 10 are liable.-- 11 (8) This section does not impose on the employer or 12 carrier, relative to potential claims against a third party, 13 to preserve evidence pertaining to the industrial accident or 14 to injuries arising therefrom. 15 16 17 ================ T I T L E A M E N D M E N T =============== 18 And the title is amended as follows: 19 On page 54, line 11, of the amendment 20 21 after the semicolon insert: 22 amending 440.06, F.S.; requiring employers to 23 secure compensation; amending s. 440.10, F.S.; 24 specifying liability for compensation; amending 25 s. 440.11, F.S.; providing for exclusiveness of 26 liability; amending s. 440.39, F.S.; specifying 27 duties of employers and carriers with respect 28 to certain evidence; 29 30 31 4 File original & 9 copies 05/04/01 hbd0001 08:28 pm 01927-0063-984931