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         112.18155Correctional 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. 112.1815 and 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.

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