CS/HB 723

1	A bill to be entitled
2	An act relating to extraterritorial reciprocity in
3	workers' compensation claims; creating s. 440.094, F.S.;
4	providing extraterritorial coverage; exempting certain
5	employees working in this state and the employers of such
6	employees from the Workers' Compensation Law of this state
7	under certain conditions; providing requirements for the
8	establishment of prima facie evidence that the employer
9	carries certain workers' compensation insurance; requiring
10	courts to take judicial notice of the construction of
11	certain laws; providing requirements for claims made in
12	other states; providing criteria for employees to be
13	considered temporarily in a state; providing application;
14	providing an effective date.
15
16	Be It Enacted by the Legislature of the State of Florida:
17
18	Section 1.  Section 440.094, Florida Statutes, is created
19	to read:
20	440.094  Extraterritorial reciprocity.-
21	(1)  If an employee in this state subject to this chapter
22	temporarily leaves the state incidental to his or her employment
23	and receives an accidental injury arising out of and in the
24	course of employment, the employee is, or the beneficiaries of
25	the employee if the injury results in death are, entitled to the
26	benefits of this chapter as if the employee were injured within
27	this state.
28	(2)  An employee from another state and the employer of the
29	employee in the other state are exempt from this chapter while
30	the employee is temporarily in this state doing work for the
31	employer if:
32	(a)  The employer has furnished workers' compensation
33	insurance coverage under the workers' compensation insurance or
34	similar laws of the other state to cover the employee's
35	employment while in this state;
36	(b)  The extraterritorial provisions of this chapter are
37	recognized in the other state; and
38	(c)  Employees and employers who are covered in this state
39	are likewise exempted from the application of the workers'
40	compensation insurance or similar laws of the other state.
41	(3)  The benefits under the workers' compensation insurance
42	or similar laws of the other state, or other remedies under
43	similar law, are the exclusive remedy against the employer for
44	any injury, whether resulting in death or not, received by the
45	employee while temporarily working for that employer in this
46	state.
47	(4)  A certificate from the duly authorized officer of the
48	appropriate department of another state certifying that the
49	employer of the other state is insured in that state and has
50	provided extraterritorial coverage insuring employees while
51	working in this state is prima facie evidence that the employer
52	carries that workers' compensation insurance.
53	(5)  Whenever in any appeal or other litigation the
54	construction of the laws of another jurisdiction is required,
55	the courts shall take judicial notice of such construction of
56	the laws of the other jurisdiction.
57	(6)  When an employee has a claim under the workers'
58	compensation law of another state, territory, province, or
59	foreign nation for the same injury or occupational disease as
60	the claim filed in this state, the total amount of compensation
61	paid or awarded under such other workers' compensation law shall
62	be credited against the compensation due under the Florida
63	Workers' Compensation Law.
64	(7)  For purposes of this section, an employee is
65	considered to be temporarily in a state doing work for an
66	employer if the employee is working for his employer in a state
67	other than the state where he or she is primarily employed, for
68	no more than 10 consecutive days, or no more than 25 total days,
69	during a calendar year.
70	(8)  This section applies to any claim made on or after
71	July 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.