Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 1286
                                Barcode 488286                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/22/2011           .                                

       The Committee on Banking and Insurance (Bennett) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 440.094, Florida Statutes, is created to
    6  read:
    7         440.094 Extraterritorial reciprocity.—
    8         (1) If an employee in this state who is subject to this
    9  chapter temporarily leaves the state incidental to his or her
   10  employment and receives an accidental injury arising out of and
   11  in the course of employment, the employee, or the beneficiaries
   12  of the employee if the injury results in death, is entitled to
   13  the benefits of this chapter as if the employee were injured
   14  within this state.
   15         (2) An employee from another state and the employer of the
   16  employee in the other state are exempt from this chapter while
   17  the employee is temporarily in this state doing work for the
   18  employer if:
   19         (a) The employer has furnished workers’ compensation
   20  insurance coverage under the workers’ compensation insurance or
   21  similar laws of the other state to cover the employee’s
   22  employment while in this state;
   23         (b) The extraterritorial provisions of this chapter are
   24  recognized in the other state; and
   25         (c) Employees and employers who are covered in this state
   26  are likewise exempted from the application of the workers’
   27  compensation insurance or similar laws of the other state.
   28         (3) The benefits under the workers’ compensation insurance
   29  or similar laws of the other state, or other remedies under
   30  similar laws, are the exclusive remedy against the employer for
   31  any injury, whether resulting in death or not, received by the
   32  employee while temporarily working for that employer in this
   33  state.
   34         (4) A certificate from the duly authorized officer of the
   35  appropriate department of another state certifying that the
   36  employer of the other state is insured in that state and has
   37  provided extraterritorial coverage insuring employees while
   38  working in this state is prima facie evidence that the employer
   39  carries workers’ compensation insurance.
   40         (5) If in any appeal or other litigation the construction
   41  of the laws of another jurisdiction is required, the courts
   42  shall take judicial notice of such construction of the laws of
   43  the other jurisdiction.
   44         (6) If an employee has a claim under the workers’
   45  compensation law of another state, territory, province, or
   46  foreign nation for the same injury or occupational disease as
   47  the claim filed in this state, the total amount of compensation
   48  paid or awarded under such other workers’ compensation law shall
   49  be credited against the compensation due under the state
   50  workers’ compensation law.
   51         (7) For purposes of this section, an employee is considered
   52  to be temporarily in a state doing work for an employer if the
   53  employee is working for no more than 10 consecutive days or no
   54  more than 25 total days during a calendar year for the employer
   55  in a state other than the state where the employee is primarily
   56  employed.
   57         (8) This section applies to any claim made on or after July
   58  1, 2011, regardless of the date of the accident.
   59         Section 2. This act shall take effect July 1, 2011.
   61  ================= T I T L E  A M E N D M E N T ================
   62         And the title is amended as follows:
   63         Delete everything before the enacting clause
   64  and insert:
   65                        A bill to be entitled                      
   66         An act relating to state reciprocity in workers’
   67         compensation claims; creating s. 440.094, F.S.;
   68         providing extraterritorial coverage for employees of
   69         this state who temporarily leave this state incidental
   70         to his or her employment; exempting certain employees
   71         from another state working in this state and the
   72         employers of such employees from the workers’
   73         compensation law of this state under certain
   74         conditions; providing that the benefits under the
   75         workers’ compensation insurance or similar laws of the
   76         other state are the exclusive remedy against the
   77         employer for any injury received by an employee
   78         working temporarily in this state; providing
   79         requirements for the establishment of prima facie
   80         evidence that the employer carries certain workers’
   81         compensation insurance; requiring courts to take
   82         judicial notice of the construction of certain laws;
   83         requiring an employee having a claim under the
   84         workers’ compensation law of another state, territory,
   85         province, or country for the same injury as the claim
   86         filed in this state, to have the total amount of
   87         compensation paid under another workers’ compensation
   88         law be credited against the compensation due under the
   89         state workers’ compensation law; providing criteria
   90         for employees to be considered temporarily in a state;
   91         providing for the application of the act to a claim;
   92         providing an effective date.