Bill No. CS/HB 723
Amendment No. 911781
Senate House

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

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