Senate Bill sb0770e1

    SB 770                                         First Engrossed



  1                      A bill to be entitled

  2         An act relating to workers' compensation;

  3         amending s. 440.092, F.S.; characterizing

  4         certain activities of certain officers as

  5         arising out of and in the course of employment

  6         for compensability purposes; providing a

  7         declaration of important state interest;

  8         providing an effective date.

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10  Be It Enacted by the Legislature of the State of Florida:

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12         Section 1.  Subsection (2) of section 440.092, Florida

13  Statutes, is amended to read:

14         440.092  Special requirements for compensability;

15  deviation from employment; subsequent intervening accidents.--

16         (2)  GOING OR COMING.--An injury suffered while going

17  to or coming from work is not an injury arising out of and in

18  the course of employment whether or not the employer provided

19  transportation if such means of transportation was available

20  for the exclusive personal use by the employee, unless the

21  employee was engaged in a special errand or mission for the

22  employer. For the purposes of this subsection and not

23  withstanding any other provisions of law to the contrary, an

24  injury to a law enforcement officer as defined in Section

25  943.10(1), Florida Statutes, during the officer's work period

26  or while going to or coming from work in an official law

27  enforcement vehicle, shall be presumed to be an injury arising

28  out of and in the course of employment unless the injury

29  occurred during a distinct deviation for a non-essential

30  personal errand.  If, however, the employer's policy or the

31  collective bargaining agreement that applies to the officer


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






    SB 770                                         First Engrossed



  1  permits such deviations for non-essential errands, the injury

  2  shall be presumed to arise out of and in the course of

  3  employment.

  4         Section 2.  It is hereby declared by the Legislature

  5  that law enforcement officers perform state and municipal

  6  functions, that it is their duty to protect life and property

  7  at their own risk and peril, and that their activities are

  8  vital to the public safety. Therefore, the Legislature

  9  declares that it is a proper and legitimate state purpose to

10  provide workers' compensation coverage to law enforcement

11  officers during work periods and while going to and coming

12  from work in an official law enforcement vehicle. Pursuant to

13  Section 18, Article VII of the State Constitution, the

14  Legislature hereby determines and declares that the provisions

15  of this act fulfill an important state interest.

16         Section 3.  This act shall take effect upon becoming a

17  law.

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