Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 714
       
       
       
       
       
       
                                Ì854368MÎ854368                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/08/2019           .                                
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       The Committee on Banking and Insurance (Brandes) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 161 and 162
    4  insert:
    5         Section 4. Effective July 1, 2020, paragraph (d) of
    6  subsection (1) of section 440.10, Florida Statutes, is amended
    7  to read:
    8         440.10 Liability for compensation.—
    9         (1)
   10         (d)1. If a contractor becomes liable for the payment of
   11  compensation to the employees of a subcontractor who has failed
   12  to secure such payment in violation of s. 440.38, the contractor
   13  or other third-party payor shall be entitled to recover from the
   14  subcontractor all benefits paid or payable plus interest unless
   15  the contractor and subcontractor have agreed in writing that the
   16  contractor will provide coverage.
   17         2. If a contractor or third-party payor becomes liable for
   18  the payment of compensation to the corporate officer of a
   19  subcontractor who is engaged in the construction industry and
   20  has elected to be exempt from the provisions of this chapter,
   21  but whose election is invalid, the contractor or third-party
   22  payor may recover from the claimant or corporation all benefits
   23  paid or payable plus interest, unless the contractor and the
   24  subcontractor have agreed in writing that the contractor will
   25  provide coverage.
   26         3. If a contractor or subcontractor and an employee leasing
   27  company are operating pursuant to an arrangement for employee
   28  leasing as defined in s. 468.520(4) and workers’ compensation
   29  insurance is provided by the employee leasing company to the
   30  leased employees, a person is deemed an employee of the employee
   31  leasing company for purposes of workers’ compensation insurance,
   32  unless the contractor or subcontractor has secured additional
   33  workers’ compensation coverage applicable to the employee,
   34  effective upon the earliest of the following:
   35         a. The hiring of the person by the contractor or
   36  subcontractor.
   37         b. The commencement of work by the person for the
   38  contractor or subcontractor.
   39         c. The hiring of the person directly by the employee
   40  leasing company.
   41  
   42  ================= T I T L E  A M E N D M E N T ================
   43  And the title is amended as follows:
   44         Delete line 15
   45  and insert:
   46         requirements; amending s. 440.10, F.S.; specifying,
   47         under certain circumstances and for purposes of
   48         workers’ compensation insurance, when a person is
   49         deemed an employee of an employee leasing company
   50         operating in an arrangement with a contractor or
   51         subcontractor; amending s. 440.381, F.S.; revising a