| 1 | Representative Abruzzo offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 17 and 18, insert: |
| 5 | Section 1. Subsection (2) of section 440.092, Florida |
| 6 | Statutes, is amended to read: |
| 7 | 440.092 Special requirements for compensability; deviation |
| 8 | from employment; subsequent intervening accidents.- |
| 9 | (2) GOING OR COMING.-An injury suffered while going to or |
| 10 | coming from work is not an injury arising out of and in the |
| 11 | course of employment whether or not the employer provided |
| 12 | transportation if such means of transportation was available for |
| 13 | the exclusive personal use by the employee, unless the employee |
| 14 | was engaged in a special errand or mission for the employer. For |
| 15 | the purposes of this subsection and not withstanding any other |
| 16 | provisions of law to the contrary, an injury to a law |
| 17 | enforcement officer as defined in s. 943.10(1), during the |
| 18 | officer's work period or while going to or coming from work in |
| 19 | an official law enforcement vehicle, shall be presumed to be an |
| 20 | injury arising out of and in the course of employment, and the |
| 21 | officer shall be deemed to have been on duty, unless the injury |
| 22 | occurred during a distinct deviation for a nonessential personal |
| 23 | errand. If, however, the employer's policy or the collective |
| 24 | bargaining agreement that applies to the officer permits such |
| 25 | deviations for nonessential errands, the injury shall be |
| 26 | presumed to arise out of and in the course of employment. |
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| 29 | ----------------------------------------------------- |
| 30 | T I T L E A M E N D M E N T |
| 31 | Remove lines 2-3 and insert: |
| 32 | An act relating to workers' compensation; amending s. 440.092, |
| 33 | F.S.; clarifying certain activities of law enforcement officers |
| 34 | as arising out of and in the course of employment for |
| 35 | compensability purposes; creating s. 440.094, F.S.; |