SENATE AMENDMENT
    Bill No. CS for SB 1188
    Amendment No. ___   Barcode 405062
                            CHAMBER ACTION
              Senate                               House
                                   .                    
                                   .                    
 1                                 .                    
                                   .                    
 2                                 .                    
                                   .                    
 3                                 .                    
                                   .                    
 4  ______________________________________________________________
 5  
 6  
 7  
 8  
 9  
10  ______________________________________________________________
11  Senator Holzendorf moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 17, lines 16-22, delete those lines
15  
16  and insert:  
17         Section 5.  Subsection (1) of section 440.11, Florida
18  Statutes, is amended to read:
19         440.11  Exclusiveness of liability.--
20         (1)  Unless an employer acts with the intent to cause
21  injury or death, the liability of an employer prescribed in s.
22  440.10 shall be exclusive and in place of all other liability,
23  including any vicarious liability, of such employer to any
24  third-party tortfeasor and to the employee, the legal
25  representative thereof, husband or wife, parents, dependents,
26  next of kin, and anyone otherwise entitled to recover damages
27  from such employer at law or in admiralty on account of such
28  injury or death, except that if an employer fails to secure
29  payment of compensation in accordance with s. 440.38 as
30  required by this chapter, an injured employee, or the legal
31  representative thereof in case death results from the injury,
                                  1
    8:50 AM   05/03/01                              s1188c1c-02k0a

SENATE AMENDMENT Bill No. CS for SB 1188 Amendment No. ___ Barcode 405062 1 may elect to claim compensation under this chapter or to 2 maintain an action at law or in admiralty for damages on 3 account of such injury or death. In such action the defendant 4 may not plead as a defense that the injury was caused by 5 negligence of a fellow employee, that the employee assumed the 6 risk of the employment, or that the injury was due to the 7 comparative negligence of the employee. The same immunities 8 from liability enjoyed by an employer shall extend as well to 9 each employee of the employer when such employee is acting in 10 furtherance of the employer's business and the injured 11 employee is entitled to receive benefits under this chapter. 12 Such fellow-employee immunities shall not be applicable to an 13 employee who acts, with respect to a fellow employee, with 14 willful and wanton disregard or unprovoked physical aggression 15 or with gross negligence when such acts result in injury or 16 death or such acts proximately cause such injury or death, nor 17 shall such immunities be applicable to employees of the same 18 employer when each is operating in the furtherance of the 19 employer's business but they are assigned primarily to 20 unrelated works within private or public employment. The same 21 immunity provisions enjoyed by an employer shall also apply to 22 any sole proprietor, partner, corporate officer or director, 23 supervisor, or other person who in the course and scope of his 24 or her duties acts in a managerial or policymaking capacity 25 and the conduct which caused the alleged injury arose within 26 the course and scope of said managerial or policymaking duties 27 and was not a violation of a law, whether or not a violation 28 was charged, for which the maximum penalty which may be 29 imposed does not exceed 60 days' imprisonment as set forth in 30 s. 775.082. The immunity from liability provided in this 31 subsection extends to county governments with respect to 2 8:50 AM 05/03/01 s1188c1c-02k0a
SENATE AMENDMENT Bill No. CS for SB 1188 Amendment No. ___ Barcode 405062 1 employees of county constitutional officers whose offices are 2 funded by the board of county commissioners. Intent, as used 3 in this subsection, does not include actions of an employer 4 that are substantially certain to result in injury or death. 5 If an employee recovers damages from an employer either by 6 judgment or settlement under this subsection, the workers' 7 compensation carrier for the employer, or the employer if 8 self-insured, shall have an offset against any workers' 9 compensation benefits to which the employee would be entitled 10 under this chapter. This subsection does not create, nor shall 11 it result in, vicarious liability on the part of the employer. 12 Section 6. Section 440.10, Florida Statutes, is 13 amended to read: 14 440.10 Liability for compensation.-- 15 (1)(a) Every employer coming within the provisions of 16 this chapter, including any brought within the chapter by 17 waiver of exclusion or of exemption, shall be liable for, and 18 shall secure, in accordance with s. 440.38, the payment to his 19 or her employees, or any 20 21 (Redesignate subsequent sections.) 22 23 24 ================ T I T L E A M E N D M E N T =============== 25 And the title is amended as follows: 26 On page 1, line 15, delete that line 27 28 and insert: 29 compensable injuries; amending s. 440.11, F.S.; 30 amending provisions relating to exclusiveness 31 of liability; providing exceptions; amending 3 8:50 AM 05/03/01 s1188c1c-02k0a
SENATE AMENDMENT Bill No. CS for SB 1188 Amendment No. ___ Barcode 405062 1 cross-references; revising the applicability of 2 immunity provisions; excluding certain employer 3 actions from the term "intent"; providing to 4 the carrier an offset against benefits in 5 specified circumstances; providing that certain 6 provisions do not impose vicarious liability on 7 an employer; amending s. 440.10, F.S.; amending 8 cross-references; 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 8:50 AM 05/03/01 s1188c1c-02k0a