SENATE AMENDMENT
Bill No. CS/HB 1927, 2nd Eng.
Amendment No. ___ Barcode 123706
CHAMBER ACTION
Senate House
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11 Senator Silver moved the following amendment to amendment
12 (025544):
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14 Senate Amendment (with title amendment)
15 On page 18, between lines 25 and 26,
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17 insert: Subsection (1) of section 440.11, Florida Statutes,
18 is amended to read:
19 440.11 Exclusiveness of liability.--
20 (1) The liability of an employer prescribed in s.
21 440.10 shall be exclusive and in place of all other liability
22 of such employer to any third-party tortfeasor and to the
23 employee, the legal representative thereof, husband or wife,
24 parents, dependents, next of kin, and anyone otherwise
25 entitled to recover damages from such employer at law or in
26 admiralty on account of such injury or death, except that if
27 an employer fails to secure payment of compensation as
28 required by this chapter, an injured employee, or the legal
29 representative thereof in case death results from the injury,
30 may elect to claim compensation under this chapter or to
31 maintain an action at law or in admiralty for damages on
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SENATE AMENDMENT
Bill No. CS/HB 1927, 2nd Eng.
Amendment No. ___ Barcode 123706
1 account of such injury or death. In such action the defendant
2 may not plead as a defense that the injury was caused by
3 negligence of a fellow employee, that the employee assumed the
4 risk of the employment, or that the injury was due to the
5 comparative negligence of the employee. The same immunities
6 from liability enjoyed by an employer shall extend as well to
7 each employee of the employer when such employee is acting in
8 furtherance of the employer's business and the injured
9 employee is entitled to receive benefits under this chapter.
10 Such fellow-employee immunities shall not be applicable to an
11 employee who acts, with respect to a fellow employee, with
12 willful and wanton disregard or unprovoked physical aggression
13 or with gross negligence when such acts result in injury or
14 death or such acts proximately cause such injury or death, nor
15 shall such immunities be applicable to employees of the same
16 employer when each is operating in the furtherance of the
17 employer's business but they are assigned primarily to
18 unrelated works within private or public employment. The same
19 immunity provisions enjoyed by an employer shall also apply to
20 any sole proprietor, partner, corporate officer or director,
21 supervisor, or other person who in the course and scope of his
22 or her duties acts in a managerial or policymaking capacity
23 and the conduct which caused the alleged injury arose within
24 the course and scope of said managerial or policymaking duties
25 and was not a violation of a law, whether or not a violation
26 was charged, for which the maximum penalty which may be
27 imposed does not exceed 60 days' imprisonment as set forth in
28 s. 775.082. The immunity from liability provided in this
29 subsection extends to county governments with respect to
30 employees of county constitutional officers whose offices are
31 funded by the board of county commissioners.
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SENATE AMENDMENT
Bill No. CS/HB 1927, 2nd Eng.
Amendment No. ___ Barcode 123706
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2 (Redesignate subsequent sections.)
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5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 On page 62, line 24, after the semicolon,
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9 insert:
10 amending s. 440.11, F.S.; deleting an exemption
11 from certain fellow-employee immunities;
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