SENATE AMENDMENT
Bill No. CS for SB 1188
Amendment No. ___ Barcode 405062
CHAMBER ACTION
Senate House
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11 Senator Holzendorf moved the following amendment:
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13 Senate Amendment (with title amendment)
14 On page 17, lines 16-22, delete those lines
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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,
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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
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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
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21 (Redesignate subsequent sections.)
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25 And the title is amended as follows:
26 On page 1, line 15, delete that line
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28 and insert:
29 compensable injuries; amending s. 440.11, F.S.;
30 amending provisions relating to exclusiveness
31 of liability; providing exceptions; amending
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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;
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