Florida Senate - 2022 COMMITTEE AMENDMENT Bill No. SB 664 Ì976104ÅÎ976104 LEGISLATIVE ACTION Senate . House Comm: RCS . 02/03/2022 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Bradley) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 156 - 349 4 and insert: 5 a. Being seriously injured by an inmate in a manner that 6 shocks the conscience. 7 b. Being taken hostage by an inmate or trapped in a life 8 threatening situation as a result of an inmate’s act. 9 c. Directly witnessing an injury, including an attempted 10 suicide, to a person who subsequently dies before or upon 11 arrival at a hospital emergency department if the person was 12 injured by grievous bodily harm of a nature that shocks the 13 conscience. 14 d. Participating in the physical treatment of an injury, 15 including an attempted suicide, to a person who subsequently 16 dies before or upon arrival at a hospital emergency department 17 if the person was injured by grievous bodily harm of a nature 18 that shocks the conscience. 19 e. Manually transporting a person who was injured, 20 including by suicide attempt, and subsequently dies before or 21 upon arrival at a hospital emergency department if the person 22 was injured by grievous bodily harm of a nature that shocks the 23 conscience. 24 f. Directly witnessing a death, including a death by 25 suicide, that involved grievous bodily harm of a nature that 26 shocks the conscience. 27 g. Directly witnessing a homicide regardless of whether the 28 homicide was criminal or excusable, including murder, mass 29 killing, manslaughter, self-defense, misadventure, and 30 negligence. 31 h. Seeing for oneself a decedent whose death involved 32 grievous bodily harm of a nature that shocks the conscience. 33 (3) The posttraumatic stress disorder must be demonstrated 34 by clear and convincing medical evidence. 35 (4) Benefits for a correctional officer or part-time 36 correctional officer under this section: 37 (a) Do not require a physical injury to the correctional 38 officer or part-time correctional officer. 39 (b) Are not subject to any of the following: 40 1. Apportionment due to a preexisting posttraumatic stress 41 disorder. 42 2. Any limitation on temporary benefits under s. 440.093. 43 3. The 1-percent limitation on permanent psychiatric 44 impairment benefits under s. 440.15(3). 45 (5) The time for notice of injury or death in cases of 46 compensable posttraumatic stress disorder under this section is 47 the same as in s. 440.151(6) and is measured from one of the 48 qualifying events listed in paragraph (2)(b) or the 49 manifestation of the disorder, whichever is later. A claim under 50 this section must be properly noticed within 52 weeks after the 51 qualifying event. 52 (6) The Department of Financial Services shall adopt rules 53 specifying injuries qualifying as grievous bodily harm of a 54 nature that shocks the conscience for the purposes of this 55 section. 56 (7) An employing agency of a correctional officer or part 57 time correctional officer shall provide educational training 58 related to mental health awareness, prevention, mitigation, and 59 treatment. 60 61 ================= T I T L E A M E N D M E N T ================ 62 And the title is amended as follows: 63 Delete lines 3 - 16 64 and insert: 65 workers’ compensation for law enforcement and 66 correctional officers; amending s. 112.1815, F.S.; 67 defining the term “first responder” for the purposes 68 of including part-time and auxiliary law enforcement 69 officers for workers’ compensation benefits for 70 posttraumatic stress disorder and for educational 71 training related to mental health; creating s. 72 112.18155, F.S.; defining terms; providing that, under 73 certain circumstances, posttraumatic stress disorder 74 suffered by correctional officers and part-time 75 correctional officers is an occupational disease 76 compensable