Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 664
       
       
       
       
       
                               Ì3960286Î396028                          
       
       576-03290-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    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 an employing
   20         agency to provide specified mental health training;
   21         amending ss. 111.09, 119.071, and 627.659, F.S.;
   22         revising cross-references; providing a declaration of
   23         important state interest; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Subsections (5) and (6) of section 112.1815,
   28  Florida Statutes, are amended to read:
   29         112.1815 Firefighters, paramedics, emergency medical
   30  technicians, and law enforcement officers; special provisions
   31  for employment-related accidents and injuries and posttraumatic
   32  stress disorder.—
   33         (5)(a) For the purposes of this section and chapter 440,
   34  and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
   35  and 440.151(2), posttraumatic stress disorder, as described in
   36  the Diagnostic and Statistical Manual of Mental Disorders, Fifth
   37  Edition, published by the American Psychiatric Association,
   38  suffered by a first responder is a compensable occupational
   39  disease within the meaning of subsection (4) and s. 440.151 if:
   40         1. The posttraumatic stress disorder resulted from the
   41  first responder acting within the course of his or her
   42  employment as provided in s. 440.091; and
   43         2. The first responder is examined and subsequently
   44  diagnosed with such disorder by a licensed psychiatrist who is
   45  an authorized treating physician as provided in chapter 440 due
   46  to one of the following events:
   47         a. Seeing for oneself a deceased minor;
   48         b. Directly witnessing the death of a minor;
   49         c. Directly witnessing an injury to a minor who
   50  subsequently died before or upon arrival at a hospital emergency
   51  department;
   52         d. Participating in the physical treatment of an injured
   53  minor who subsequently died before or upon arrival at a hospital
   54  emergency department;
   55         e. Manually transporting an injured minor who subsequently
   56  died before or upon arrival at a hospital emergency department;
   57         f. Seeing for oneself a decedent whose death involved
   58  grievous bodily harm of a nature that shocks the conscience;
   59         g. Directly witnessing a death, including suicide, that
   60  involved grievous bodily harm of a nature that shocks the
   61  conscience;
   62         h. Directly witnessing a homicide regardless of whether the
   63  homicide was criminal or excusable, including murder, mass
   64  killing as defined in 28 U.S.C. s. 530C, manslaughter, self
   65  defense, misadventure, and negligence;
   66         i. Directly witnessing an injury, including an attempted
   67  suicide, to a person who subsequently died before or upon
   68  arrival at a hospital emergency department if the person was
   69  injured by grievous bodily harm of a nature that shocks the
   70  conscience;
   71         j. Participating in the physical treatment of an injury,
   72  including an attempted suicide, to a person who subsequently
   73  died before or upon arrival at a hospital emergency department
   74  if the person was injured by grievous bodily harm of a nature
   75  that shocks the conscience; or
   76         k. Manually transporting a person who was injured,
   77  including by attempted suicide, and subsequently died before or
   78  upon arrival at a hospital emergency department if the person
   79  was injured by grievous bodily harm of a nature that shocks the
   80  conscience.
   81         (b) Such disorder must be demonstrated by clear and
   82  convincing medical evidence.
   83         (c) Benefits for a first responder under this subsection:
   84         1. Do not require a physical injury to the first responder;
   85  and
   86         2. Are not subject to:
   87         a. Apportionment due to a preexisting posttraumatic stress
   88  disorder;
   89         b. Any limitation on temporary benefits under s. 440.093;
   90  or
   91         c. The 1-percent limitation on permanent psychiatric
   92  impairment benefits under s. 440.15(3).
   93         (d) The time for notice of injury or death in cases of
   94  compensable posttraumatic stress disorder under this subsection
   95  is the same as in s. 440.151(6) and is measured from one of the
   96  qualifying events listed in subparagraph (a)2. or the
   97  manifestation of the disorder, whichever is later. A claim under
   98  this subsection must be properly noticed within 52 weeks after
   99  the qualifying event.
  100         (e) As used in this subsection, the term:
  101         1. “Directly witnessing” means to see or hear for oneself.
  102         2. “First responder” also includes a part-time law
  103  enforcement officer as defined in s. 943.10(6) and an auxiliary
  104  law enforcement officer as defined in s. 943.10(8).
  105         3. “Manually transporting” means to perform physical labor
  106  to move the body of a wounded person for his or her safety or
  107  medical treatment.
  108         4.3. “Minor” has the same meaning as in s. 1.01(13).
  109         (f) The Department of Financial Services shall adopt rules
  110  specifying injuries qualifying as grievous bodily harm of a
  111  nature that shocks the conscience for the purposes of this
  112  subsection.
  113         (6) An employing agency of a first responder, including
  114  volunteer first responders, must provide educational training
  115  related to mental health awareness, prevention, mitigation, and
  116  treatment. As used in this subsection, the term “first
  117  responder” also includes a part-time law enforcement officer as
  118  defined in s. 943.10(6) and an auxiliary law enforcement officer
  119  as defined in s. 943.10(8).
  120         Section 2. Section 112.18155, Florida Statutes, is created
  121  to read:
  122         112.18155Correctional officers and part-time correctional
  123  officers; special provisions for posttraumatic stress disorder.—
  124         (1)As used in this section, the term:
  125         (a)“Correctional officer” has the same meaning as in s.
  126  943.10(2).
  127         (b)“Directly witnessing” has the same meaning as in s.
  128  112.1815(5)(e).
  129         (c)“Grievous bodily harm of a nature that shocks the
  130  conscience” means the following:
  131         1.Degloving.
  132         2.Enucleation.
  133         3.Evisceration.
  134         4.Exposure of one or more of the following organs:
  135         a.Brain.
  136         b.Heart.
  137         c.Intestines.
  138         d.Kidney.
  139         e.Liver.
  140         f.Lung.
  141         5.Full or partial decapitation.
  142         6.Full or partial severance.
  143         7.Impalement.
  144         8.Third-degree burns on 9 percent or more of the body.
  145  
  146  This paragraph applies only for the purpose of determining
  147  compensability of employment-related posttraumatic stress
  148  disorder for correctional officers.
  149         (d)“Manually transporting” has the same meaning as in s.
  150  112.1815(5)(e).
  151         (e)“Mass killing” means three or more killings in a single
  152  incident.
  153         (f)“Part-time correctional officer” has the same meaning
  154  as in s. 943.10(7).
  155         (2)For purposes of this section and chapter 440, and
  156  notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
  157  disorder, as described in the Diagnostic and Statistical Manual
  158  of Mental Disorders, Fifth Edition, published by the American
  159  Psychiatric Association, suffered by a correctional officer or
  160  part-time correctional officer is a compensable occupational
  161  disease within the meaning of s. 440.151 if:
  162         (a)The posttraumatic stress disorder resulted from the
  163  correctional officer or part-time correctional officer acting
  164  within the course of his or her employment; and
  165         (b)The correctional officer or part-time correctional
  166  officer is:
  167         1.Examined by a licensed psychiatrist who is an authorized
  168  treating physician as provided in chapter 440; and
  169         2.Diagnosed by the psychiatrist described in subparagraph
  170  1. as suffering from posttraumatic stress disorder due to one of
  171  the following events:
  172         a.Being taken hostage by an inmate or trapped in a life
  173  threatening situation as a result of an inmate’s act.
  174         b.Directly witnessing an injury, including an attempted
  175  suicide, to a person who subsequently dies before or upon
  176  arrival at a hospital emergency department if the person was
  177  injured by grievous bodily harm of a nature that shocks the
  178  conscience.
  179         c.Participating in the physical treatment of an injury,
  180  including an attempted suicide, to a person who subsequently
  181  dies before or upon arrival at a hospital emergency department
  182  if the person was injured by grievous bodily harm of a nature
  183  that shocks the conscience.
  184         d.Manually transporting a person who was injured,
  185  including by suicide attempt, and subsequently dies before or
  186  upon arrival at a hospital emergency department if the person
  187  was injured by grievous bodily harm of a nature that shocks the
  188  conscience.
  189         e.Directly witnessing a death, including a death by
  190  suicide, that involved grievous bodily harm of a nature that
  191  shocks the conscience.
  192         f.Directly witnessing a homicide regardless of whether the
  193  homicide was criminal or excusable, including murder, mass
  194  killing, manslaughter, self-defense, misadventure, and
  195  negligence.
  196         g.Seeing for oneself a decedent whose death involved
  197  grievous bodily harm of a nature that shocks the conscience.
  198         (3)The posttraumatic stress disorder must be demonstrated
  199  by clear and convincing medical evidence.
  200         (4)Benefits for a correctional officer or part-time
  201  correctional officer under this section:
  202         (a)Do not require a physical injury to the correctional
  203  officer or part-time correctional officer.
  204         (b)Are not subject to any of the following:
  205         1.Apportionment due to a preexisting posttraumatic stress
  206  disorder.
  207         2.Any limitation on temporary benefits under s. 440.093.
  208         3.The 1-percent limitation on permanent psychiatric
  209  impairment benefits under s. 440.15(3).
  210         (5)The time for notice of injury or death in cases of
  211  compensable posttraumatic stress disorder under this section is
  212  the same as in s. 440.151(6) and is measured from one of the
  213  qualifying events listed in paragraph (2)(b) or the
  214  manifestation of the disorder, whichever is later. A claim under
  215  this section must be properly noticed within 52 weeks after the
  216  qualifying event.
  217         (6)An employing agency of a correctional officer or part
  218  time correctional officer shall provide educational training
  219  related to mental health awareness, prevention, mitigation, and
  220  treatment.
  221         Section 3. Paragraph (a) of subsection (1) of section
  222  111.09, Florida Statutes, is amended to read:
  223         111.09 Peer support for first responders.—
  224         (1) For purposes of this section, the term:
  225         (a) “First responder” has the same meaning as provided in
  226  s. 112.1815(1) s. 112.1815 and includes 911 public safety
  227  telecommunicators as defined in s. 401.465.
  228         Section 4. Paragraph (d) of subsection (3) of section
  229  119.071, Florida Statutes, is amended to read:
  230         119.071 General exemptions from inspection or copying of
  231  public records.—
  232         (3) SECURITY AND FIRESAFETY.—
  233         (d)1. Information relating to the Nationwide Public Safety
  234  Broadband Network established pursuant to 47 U.S.C. ss. 1401 et
  235  seq., held by an agency is confidential and exempt from s.
  236  119.07(1) and s. 24(a), Art. I of the State Constitution if
  237  release of such information would reveal:
  238         a. The design, development, construction, deployment, and
  239  operation of network facilities;
  240         b. Network coverage, including geographical maps indicating
  241  actual or proposed locations of network infrastructure or
  242  facilities;
  243         c. The features, functions, and capabilities of network
  244  infrastructure and facilities;
  245         d. The features, functions, and capabilities of network
  246  services provided to first responders, as defined in s.
  247  112.1815(1) s. 112.1815, and other network users;
  248         e. The design, features, functions, and capabilities of
  249  network devices provided to first responders and other network
  250  users; or
  251         f. Security, including cybersecurity, of the design,
  252  construction, and operation of the network and associated
  253  services and products.
  254         2. This paragraph is subject to the Open Government Sunset
  255  Review Act in accordance with s. 119.15 and shall stand repealed
  256  on October 2, 2023, unless reviewed and saved from repeal
  257  through reenactment by the Legislature.
  258         Section 5. Subsection (4) of section 627.659, Florida
  259  Statutes, is amended to read:
  260         627.659 Blanket health insurance; eligible groups.—Blanket
  261  health insurance is that form of health insurance which covers
  262  special groups of individuals as enumerated in one of the
  263  following subsections:
  264         (4) Under a policy or contract issued in the name of a
  265  volunteer fire department, first aid group, local emergency
  266  management agency as defined in s. 252.34(6), or other group of
  267  first responders as defined in s. 112.1815(1) s. 112.1815, which
  268  is deemed the policyholder, covering all or any grouping of the
  269  members or employees of the policyholder or covering all or any
  270  participants in an activity or operation sponsored or supervised
  271  by the policyholder.
  272         Section 6. The Legislature determines and declares that
  273  this act fulfills an important state interest.
  274         Section 7. This act shall take effect July 1, 2022.