Florida Senate - 2020 SB 816 By Senator Torres 15-01180-20 2020816__ 1 A bill to be entitled 2 An act relating to workers’ compensation benefits for 3 correctional officers; creating s. 112.1817, F.S.; 4 providing definitions; providing that, under certain 5 circumstances, posttraumatic stress disorder suffered 6 by a correctional officer is an occupational disease 7 compensable by workers’ compensation benefits; 8 specifying that certain benefits do not require a 9 physical injury and are not subject to certain 10 apportionment or limitations; providing a time for 11 notice of injury or death; requiring the Department of 12 Financial Services to adopt certain rules; requiring 13 an employing agency to provide specified mental health 14 training; providing a declaration of important state 15 interest; providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 112.1817, Florida Statutes, is created 20 to read: 21 112.1817 Correctional officers; special provision for 22 posttraumatic stress disorder.— 23 (1) As used in this section, the term: 24 (a) “Correctional officer” includes correctional officers 25 and correctional probation officers as those terms are defined 26 in s. 943.10(2) and (3), respectively. 27 (b) “Directly witnessing” means to see or hear for oneself. 28 (2) For the purposes of chapter 440 and notwithstanding ss. 29 440.093 and 440.151(2), posttraumatic stress disorder, as 30 described in the Diagnostic and Statistical Manual of Mental 31 Disorders, Fifth Edition, published by the American Psychiatric 32 Association, suffered by a correctional officer is a compensable 33 occupational disease within the meaning of s. 440.151 if: 34 (a) The correctional officer was discharging his or her 35 primary work responsibilities in a place and under circumstances 36 reasonably consistent with those responsibilities and was 37 covered by the employer’s workers’ compensation coverage; 38 (b) The correctional officer is examined and subsequently 39 diagnosed with such disorder by a licensed psychiatrist who is 40 an authorized treating physician as provided in chapter 440 due 41 to one of the following events: 42 1. Seeing for oneself a deceased minor; 43 2. Directly witnessing the death of a minor; 44 3. Directly witnessing, or participating in the physical 45 treatment of, an injury to a minor who subsequently died before 46 or upon arrival at a hospital emergency department; 47 4. Seeing for oneself a decedent whose death involved 48 grievous bodily harm of a nature that shocks the conscience; 49 5. Directly witnessing a death, including homicide or 50 suicide, which involved grievous bodily harm of a nature that 51 shocks the conscience; or 52 6. Directly witnessing, or participating in the physical 53 treatment of, an injury, including an attempted suicide, to a 54 person who subsequently died before or upon arrival at a 55 hospital emergency department if the person was injured by 56 grievous bodily harm of a nature that shocks the conscience; and 57 (c) Such disorder is demonstrated by clear and convincing 58 medical evidence. 59 (3) Benefits for a correctional officer under this section: 60 (a) Do not require a physical injury to the correctional 61 officer; and 62 (b) Are not subject to: 63 1. Apportionment due to a preexisting posttraumatic stress 64 disorder; 65 2. Any limitation on temporary benefits under s. 440.093; 66 or 67 3. The 1-percent limitation on permanent psychiatric 68 impairment benefits under s. 440.15(3). 69 (4) The time for notice of injury or death in cases of 70 compensable posttraumatic stress disorder under this section is 71 the same as in s. 440.151(6) and is measured from one of the 72 qualifying events listed in paragraph (2)(b) or the 73 manifestation of the disorder, whichever occurs later. A claim 74 under this section must be properly noticed within 52 weeks 75 after the qualifying event. 76 (5) The Department of Financial Services shall adopt rules 77 specifying injuries qualifying as grievous bodily harm of a 78 nature that shocks the conscience for purposes of this section. 79 (6) An employing agency of a correctional officer must 80 provide educational training related to mental health awareness, 81 prevention, mitigation, and treatment. 82 Section 2. The Legislature determines and declares that 83 this act fulfills an important state interest. 84 Section 3. This act shall take effect October 1, 2020.