Bill Text: FL S0664 | 2022 | Regular Session | Comm Sub
Bill Title: Posttraumatic Stress Disorder Workers' Compensation for Law Enforcement and Correctional Officers
Spectrum: Slight Partisan Bill (Democrat 5-2-1)
Status: (Failed) 2022-03-14 - Died in Appropriations [S0664 Detail]
Download: Florida-2022-S0664-Comm_Sub.html
Florida Senate - 2022 CS for SB 664 By the Committee on Banking and Insurance; and Senators Bradley, Berman, Book, and Stewart 597-02657-22 2022664c1 1 A bill to be entitled 2 An act relating to posttraumatic stress disorder 3 workers’ compensation for law enforcement and 4 correctional officers; amending s. 112.1815, F.S.; 5 defining the term “first responder” for the purposes 6 of including part-time and auxiliary law enforcement 7 officers for workers’ compensation benefits for 8 posttraumatic stress disorder and for educational 9 training related to mental health; creating s. 10 112.18155, F.S.; defining terms; providing that, under 11 certain circumstances, posttraumatic stress disorder 12 suffered by correctional officers and part-time 13 correctional officers is an occupational disease 14 compensable by workers’ compensation benefits; 15 specifying the evidentiary standard for demonstrating 16 such disorder; specifying that benefits do not require 17 a physical injury and are not subject to certain 18 apportionment or limitations; providing a time for 19 notice of injury or death; requiring the Department of 20 Financial Services to adopt certain rules; requiring 21 an employing agency to provide specified mental health 22 training; amending ss. 111.09, 119.071, and 627.659, 23 F.S.; revising cross-references; providing a 24 declaration of important state interest; providing an 25 effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Subsections (5) and (6) of section 112.1815, 30 Florida Statutes, are amended to read: 31 112.1815 Firefighters, paramedics, emergency medical 32 technicians, and law enforcement officers; special provisions 33 for employment-related accidents and injuries and posttraumatic 34 stress disorder.— 35 (5)(a) For the purposes of this section and chapter 440, 36 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093 37 and 440.151(2), posttraumatic stress disorder, as described in 38 the Diagnostic and Statistical Manual of Mental Disorders, Fifth 39 Edition, published by the American Psychiatric Association, 40 suffered by a first responder is a compensable occupational 41 disease within the meaning of subsection (4) and s. 440.151 if: 42 1. The posttraumatic stress disorder resulted from the 43 first responder acting within the course of his or her 44 employment as provided in s. 440.091; and 45 2. The first responder is examined and subsequently 46 diagnosed with such disorder by a licensed psychiatrist who is 47 an authorized treating physician as provided in chapter 440 due 48 to one of the following events: 49 a. Seeing for oneself a deceased minor; 50 b. Directly witnessing the death of a minor; 51 c. Directly witnessing an injury to a minor who 52 subsequently died before or upon arrival at a hospital emergency 53 department; 54 d. Participating in the physical treatment of an injured 55 minor who subsequently died before or upon arrival at a hospital 56 emergency department; 57 e. Manually transporting an injured minor who subsequently 58 died before or upon arrival at a hospital emergency department; 59 f. Seeing for oneself a decedent whose death involved 60 grievous bodily harm of a nature that shocks the conscience; 61 g. Directly witnessing a death, including suicide, that 62 involved grievous bodily harm of a nature that shocks the 63 conscience; 64 h. Directly witnessing a homicide regardless of whether the 65 homicide was criminal or excusable, including murder, mass 66 killing as defined in 28 U.S.C. s. 530C, manslaughter, self 67 defense, misadventure, and negligence; 68 i. Directly witnessing an injury, including an attempted 69 suicide, to a person who subsequently died before or upon 70 arrival at a hospital emergency department if the person was 71 injured by grievous bodily harm of a nature that shocks the 72 conscience; 73 j. Participating in the physical treatment of an injury, 74 including an attempted suicide, to a person who subsequently 75 died before or upon arrival at a hospital emergency department 76 if the person was injured by grievous bodily harm of a nature 77 that shocks the conscience; or 78 k. Manually transporting a person who was injured, 79 including by attempted suicide, and subsequently died before or 80 upon arrival at a hospital emergency department if the person 81 was injured by grievous bodily harm of a nature that shocks the 82 conscience. 83 (b) Such disorder must be demonstrated by clear and 84 convincing medical evidence. 85 (c) Benefits for a first responder under this subsection: 86 1. Do not require a physical injury to the first responder; 87 and 88 2. Are not subject to: 89 a. Apportionment due to a preexisting posttraumatic stress 90 disorder; 91 b. Any limitation on temporary benefits under s. 440.093; 92 or 93 c. The 1-percent limitation on permanent psychiatric 94 impairment benefits under s. 440.15(3). 95 (d) The time for notice of injury or death in cases of 96 compensable posttraumatic stress disorder under this subsection 97 is the same as in s. 440.151(6) and is measured from one of the 98 qualifying events listed in subparagraph (a)2. or the 99 manifestation of the disorder, whichever is later. A claim under 100 this subsection must be properly noticed within 52 weeks after 101 the qualifying event. 102 (e) As used in this subsection, the term: 103 1. “Directly witnessing” means to see or hear for oneself. 104 2. “First responder” also includes a part-time law 105 enforcement officer as defined in s. 943.10(6) and an auxiliary 106 law enforcement officer as defined in s. 943.10(8). 107 3. “Manually transporting” means to perform physical labor 108 to move the body of a wounded person for his or her safety or 109 medical treatment. 110 4.3.“Minor” has the same meaning as in s. 1.01(13). 111 (f) The Department of Financial Services shall adopt rules 112 specifying injuries qualifying as grievous bodily harm of a 113 nature that shocks the conscience for the purposes of this 114 subsection. 115 (6) An employing agency of a first responder, including 116 volunteer first responders, must provide educational training 117 related to mental health awareness, prevention, mitigation, and 118 treatment. As used in this subsection, the term “first 119 responder” also includes a part-time law enforcement officer as 120 defined in s. 943.10(6) and an auxiliary law enforcement officer 121 as defined in s. 943.10(8). 122 Section 2. Section 112.18155, Florida Statutes, is created 123 to read: 124 112.18155 Correctional officers and part-time correctional 125 officers; special provisions for posttraumatic stress disorder.— 126 (1) As used in this section, the term: 127 (a) “Correctional officer” has the same meaning as in s. 128 943.10(2). 129 (b) “Directly witnessing” has the same meaning as in s. 130 112.1815(5)(e). 131 (c) “Manually transporting” has the same meaning as in s. 132 112.1815(5)(e). 133 (d) “Mass killing” means three or more killings in a single 134 incident. 135 (e) “Part-time correctional officer” has the same meaning 136 as in s. 943.10(7). 137 (2) For purposes of this section and chapter 440, and 138 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 139 disorder, as described in the Diagnostic and Statistical Manual 140 of Mental Disorders, Fifth Edition, published by the American 141 Psychiatric Association, suffered by a correctional officer or 142 part-time correctional officer is a compensable occupational 143 disease within the meaning of s. 440.151 if: 144 (a) The posttraumatic stress disorder resulted from the 145 correctional officer or part-time correctional officer acting 146 within the course of his or her employment. 147 (b) The correctional officer or part-time correctional 148 officer is: 149 1. Examined by a licensed psychiatrist who is an authorized 150 treating physician as provided in chapter 440. 151 2. Diagnosed by the psychiatrist described in subparagraph 152 1. as suffering from posttraumatic stress disorder due to one of 153 the following events: 154 a. Being seriously injured by an inmate in a manner that 155 shocks the conscience. 156 b. Being taken hostage by an inmate or trapped in a life 157 threatening situation as a result of an inmate’s act. 158 c. Directly witnessing an injury, including an attempted 159 suicide, to a person who subsequently dies before or upon 160 arrival at a hospital emergency department if the person was 161 injured by grievous bodily harm of a nature that shocks the 162 conscience. 163 d. Participating in the physical treatment of an injury, 164 including an attempted suicide, to a person who subsequently 165 dies before or upon arrival at a hospital emergency department 166 if the person was injured by grievous bodily harm of a nature 167 that shocks the conscience. 168 e. Manually transporting a person who was injured, 169 including by suicide attempt, and subsequently dies before or 170 upon arrival at a hospital emergency department if the person 171 was injured by grievous bodily harm of a nature that shocks the 172 conscience. 173 f. Directly witnessing a death, including a death by 174 suicide, that involved grievous bodily harm of a nature that 175 shocks the conscience. 176 g. Directly witnessing a homicide regardless of whether the 177 homicide was criminal or excusable, including murder, mass 178 killing, manslaughter, self-defense, misadventure, and 179 negligence. 180 h. Seeing for oneself a decedent whose death involved 181 grievous bodily harm of a nature that shocks the conscience. 182 (3) The posttraumatic stress disorder must be demonstrated 183 by clear and convincing medical evidence. 184 (4) Benefits for a correctional officer or part-time 185 correctional officer under this section: 186 (a) Do not require a physical injury to the correctional 187 officer or part-time correctional officer. 188 (b) Are not subject to any of the following: 189 1. Apportionment due to a preexisting posttraumatic stress 190 disorder. 191 2. Any limitation on temporary benefits under s. 440.093. 192 3. The 1-percent limitation on permanent psychiatric 193 impairment benefits under s. 440.15(3). 194 (5) The time for notice of injury or death in cases of 195 compensable posttraumatic stress disorder under this section is 196 the same as in s. 440.151(6) and is measured from one of the 197 qualifying events listed in paragraph (2)(b) or the 198 manifestation of the disorder, whichever is later. A claim under 199 this section must be properly noticed within 52 weeks after the 200 qualifying event. 201 (6) The Department of Financial Services shall adopt rules 202 specifying injuries qualifying as grievous bodily harm of a 203 nature that shocks the conscience for the purposes of this 204 section. 205 (7) An employing agency of a correctional officer or part 206 time correctional officer shall provide educational training 207 related to mental health awareness, prevention, mitigation, and 208 treatment. 209 Section 3. Paragraph (a) of subsection (1) of section 210 111.09, Florida Statutes, is amended to read: 211 111.09 Peer support for first responders.— 212 (1) For purposes of this section, the term: 213 (a) “First responder” has the same meaning as provided in 214 s. 112.1815(1)s. 112.1815and includes 911 public safety 215 telecommunicators as defined in s. 401.465. 216 Section 4. Paragraph (d) of subsection (3) of section 217 119.071, Florida Statutes, is amended to read: 218 119.071 General exemptions from inspection or copying of 219 public records.— 220 (3) SECURITY AND FIRESAFETY.— 221 (d)1. Information relating to the Nationwide Public Safety 222 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 223 seq., held by an agency is confidential and exempt from s. 224 119.07(1) and s. 24(a), Art. I of the State Constitution if 225 release of such information would reveal: 226 a. The design, development, construction, deployment, and 227 operation of network facilities; 228 b. Network coverage, including geographical maps indicating 229 actual or proposed locations of network infrastructure or 230 facilities; 231 c. The features, functions, and capabilities of network 232 infrastructure and facilities; 233 d. The features, functions, and capabilities of network 234 services provided to first responders, as defined in s. 235 112.1815(1)s. 112.1815, and other network users; 236 e. The design, features, functions, and capabilities of 237 network devices provided to first responders and other network 238 users; or 239 f. Security, including cybersecurity, of the design, 240 construction, and operation of the network and associated 241 services and products. 242 2. This paragraph is subject to the Open Government Sunset 243 Review Act in accordance with s. 119.15 and shall stand repealed 244 on October 2, 2023, unless reviewed and saved from repeal 245 through reenactment by the Legislature. 246 Section 5. Subsection (4) of section 627.659, Florida 247 Statutes, is amended to read: 248 627.659 Blanket health insurance; eligible groups.—Blanket 249 health insurance is that form of health insurance which covers 250 special groups of individuals as enumerated in one of the 251 following subsections: 252 (4) Under a policy or contract issued in the name of a 253 volunteer fire department, first aid group, local emergency 254 management agency as defined in s. 252.34(6), or other group of 255 first responders as defined in s. 112.1815(1)s. 112.1815, which 256 is deemed the policyholder, covering all or any grouping of the 257 members or employees of the policyholder or covering all or any 258 participants in an activity or operation sponsored or supervised 259 by the policyholder. 260 Section 6. The Legislature determines and declares that 261 this act fulfills an important state interest. 262 Section 7. This act shall take effect July 1, 2022.