CS/HB 723

A bill to be entitled
2An act relating to extraterritorial reciprocity in
3workers' compensation claims; creating s. 440.094, F.S.;
4providing extraterritorial coverage; exempting certain
5employees working in this state and the employers of such
6employees from the Workers' Compensation Law of this state
7under certain conditions; providing requirements for the
8establishment of prima facie evidence that the employer
9carries certain workers' compensation insurance; requiring
10courts to take judicial notice of the construction of
11certain laws; providing requirements for claims made in
12other states; providing criteria for employees to be
13considered temporarily in a state; providing application;
14providing an effective date.
16Be It Enacted by the Legislature of the State of Florida:
18     Section 1.  Section 440.094, Florida Statutes, is created
19to read:
20     440.094  Extraterritorial reciprocity.-
21     (1)  If an employee in this state subject to this chapter
22temporarily leaves the state incidental to his or her employment
23and receives an accidental injury arising out of and in the
24course of employment, the employee is, or the beneficiaries of
25the employee if the injury results in death are, entitled to the
26benefits of this chapter as if the employee were injured within
27this state.
28     (2)  An employee from another state and the employer of the
29employee in the other state are exempt from this chapter while
30the employee is temporarily in this state doing work for the
31employer if:
32     (a)  The employer has furnished workers' compensation
33insurance coverage under the workers' compensation insurance or
34similar laws of the other state to cover the employee's
35employment while in this state;
36     (b)  The extraterritorial provisions of this chapter are
37recognized in the other state; and
38     (c)  Employees and employers who are covered in this state
39are likewise exempted from the application of the workers'
40compensation insurance or similar laws of the other state.
41     (3)  The benefits under the workers' compensation insurance
42or similar laws of the other state, or other remedies under
43similar law, are the exclusive remedy against the employer for
44any injury, whether resulting in death or not, received by the
45employee while temporarily working for that employer in this
47     (4)  A certificate from the duly authorized officer of the
48appropriate department of another state certifying that the
49employer of the other state is insured in that state and has
50provided extraterritorial coverage insuring employees while
51working in this state is prima facie evidence that the employer
52carries that workers' compensation insurance.
53     (5)  Whenever in any appeal or other litigation the
54construction of the laws of another jurisdiction is required,
55the courts shall take judicial notice of such construction of
56the laws of the other jurisdiction.
57     (6)  When an employee has a claim under the workers'
58compensation law of another state, territory, province, or
59foreign nation for the same injury or occupational disease as
60the claim filed in this state, the total amount of compensation
61paid or awarded under such other workers' compensation law shall
62be credited against the compensation due under the Florida
63Workers' Compensation Law.
64     (7)  For purposes of this section, an employee is
65considered to be temporarily in a state doing work for an
66employer if the employee is working for his employer in a state
67other than the state where he or she is primarily employed, for
68no more than 10 consecutive days, or no more than 25 total days,
69during a calendar year.
70     (8)  This section applies to any claim made on or after
71July 1, 2011, regardless of the date of the accident.
72     Section 2.  This act shall take effect July 1, 2011.

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