Florida Senate - 2018 COMMITTEE AMENDMENT
Bill No. CS for SB 376
Ì945328;Î945328
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/28/2018 .
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The Committee on Appropriations (Book) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (5) and (6) are added to section
6 112.1815, Florida Statutes, to read:
7 112.1815 Firefighters, paramedics, emergency medical
8 technicians, and law enforcement officers; special provisions
9 for employment-related accidents and injuries.—
10 (5)(a) For the purposes of this section and chapter 440,
11 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
12 and 440.151(2), posttraumatic stress disorder, as described in
13 the Diagnostic and Statistical Manual of Mental Disorders, Fifth
14 Edition, published by the American Psychiatric Association,
15 suffered by a first responder is a compensable occupational
16 disease within the meaning of subsection (4) and s. 440.151 if:
17 1. The posttraumatic stress disorder resulted from the
18 first responder acting within the course of his or her
19 employment as provided in s. 440.091; and
20 2. The first responder is examined and subsequently
21 diagnosed with such disorder by a licensed psychiatrist who is
22 an authorized treating physician as provided in chapter 440 due
23 to one of the following events:
24 a. Seeing for oneself a deceased minor;
25 b. Directly witnessing the death of a minor;
26 c. Directly witnessing an injury to a minor who
27 subsequently died before or upon arrival at a hospital emergency
28 department;
29 d. Participating in the physical treatment of an injured
30 minor who subsequently died before or upon arrival at a hospital
31 emergency department;
32 e. Manually transporting an injured minor who subsequently
33 died before or upon arrival at a hospital emergency department;
34 f. Seeing for oneself a decedent whose death involved
35 grievous bodily harm of a nature that shocks the conscience;
36 g. Directly witnessing a death, including suicide, that
37 involved grievous bodily harm of a nature that shocks the
38 conscience;
39 h. Directly witnessing a homicide regardless of whether the
40 homicide was criminal or excusable, including murder, mass
41 killing as defined in 28 U.S.C. s. 530C, manslaughter, self
42 defense, misadventure, and negligence;
43 i. Directly witnessing an injury, including an attempted
44 suicide, to a person who subsequently died before or upon
45 arrival at a hospital emergency department if the person was
46 injured by grievous bodily harm of a nature that shocks the
47 conscience;
48 j. Participating in the physical treatment of an injury,
49 including an attempted suicide, to a person who subsequently
50 died before or upon arrival at a hospital emergency department
51 if the person was injured by grievous bodily harm of a nature
52 that shocks the conscience; or
53 k. Manually transporting a person who was injured,
54 including by attempted suicide, and subsequently died before or
55 upon arrival at a hospital emergency department if the person
56 was injured by grievous bodily harm of a nature that shocks the
57 conscience.
58 (b) Such disorder must be demonstrated by clear and
59 convincing medical evidence.
60 (c) Benefits for a first responder under this subsection:
61 1. Do not require a physical injury to the first responder;
62 and
63 2. Are not subject to:
64 a. Apportionment due to a preexisting posttraumatic stress
65 disorder;
66 b. Any limitation on temporary benefits under s. 440.093;
67 or
68 c. The 1-percent limitation on permanent psychiatric
69 impairment benefits under s. 440.15(3).
70 (d) The time for notice of injury or death in cases of
71 compensable posttraumatic stress disorder under this subsection
72 is the same as in s. 440.151(6) and is measured from one of the
73 qualifying events listed in subparagraph (a)2. or the
74 manifestation of the disorder, whichever is later. A claim under
75 this subsection must be properly noticed within 52 weeks after
76 the qualifying event.
77 (e) As used in this subsection, the term:
78 1. “Directly witnessing” means to see or hear for oneself.
79 2. “Manually transporting” means to perform physical labor
80 to move the body of a wounded person for his or her safety or
81 medical treatment.
82 3. “Minor” has the same meaning as in s. 1.01(13).
83 (f) The Department of Financial Services shall adopt rules
84 specifying injuries qualifying as grievous bodily harm of a
85 nature that shocks the conscience for the purposes of this
86 subsection.
87 (6) An employing agency of a first responder, including
88 volunteer first responders, must provide educational training
89 related to mental health awareness, prevention, mitigation, and
90 treatment.
91 Section 2. The Legislature determines and declares that
92 this act fulfills an important state interest.
93 Section 3. This act shall take effect October 1, 2018.
94
95 ================= T I T L E A M E N D M E N T ================
96 And the title is amended as follows:
97 Delete everything before the enacting clause
98 and insert:
99 A bill to be entitled
100 An act relating to workers’ compensation benefits for
101 first responders; amending s. 112.1815, F.S.;
102 providing that, under certain circumstances,
103 posttraumatic stress disorder suffered by a first
104 responder is an occupational disease compensable by
105 workers’ compensation benefits; specifying the
106 evidentiary standard for demonstrating such disorder;
107 specifying that benefits do not require a physical
108 injury and are not subject to certain apportionment or
109 limitations; providing a time for notice of injury or
110 death; providing definitions; requiring the Department
111 of Financial Services to adopt certain rules;
112 requiring an employing agency to provide specified
113 mental health training; providing a declaration of
114 important state interest; providing an effective date.