Florida Senate - 2023 CS for SB 314 By the Committee on Governmental Oversight and Accountability; and Senator Rodriguez 585-02160-23 2023314c1 1 A bill to be entitled 2 An act relating to licensed counseling for first 3 responders, correctional officers, and correctional 4 probation officers; amending s. 112.1815, F.S.; 5 defining terms; requiring an employing agency of a 6 first responder to pay for licensed counseling for 7 certain first responders; specifying that such 8 counseling is limited to addressing specified events; 9 providing that such counseling is in addition to and 10 separate from any benefits provided to the first 11 responder; requiring that such counseling be completed 12 within a specified timeframe; prohibiting the 13 employing agency from requiring the first responder to 14 use specified leave for such counseling under certain 15 circumstances; authorizing a first responder to select 16 a licensed mental health professional and providing 17 requirements for the employing agency related thereto; 18 specifying the maximum amount an employer may pay for 19 such counseling; providing that payment by the 20 employing agency for such counseling does not create a 21 presumption of a compensable occupational disease; 22 requiring employing agencies to submit a specified 23 annual report to the Chief Financial Officer, 24 beginning on a specified date; amending s. 112.18155, 25 F.S.; defining the term “correctional probation 26 officer”; requiring an employing agency of a 27 correctional officer or a correctional probation 28 officer to pay for licensed counseling for such 29 officers under certain circumstances; specifying that 30 such counseling is limited to addressing specified 31 events; providing that such counseling is in addition 32 to and separate from any benefits provided to a 33 correctional officer or a correctional probation 34 officer; requiring that such counseling be completed 35 within a specified timeframe; prohibiting the 36 employing agency from requiring a correctional officer 37 or a correctional probation officer to use specified 38 leave for such counseling under certain circumstances; 39 authorizing a correctional officer or a correctional 40 probation officer to select a licensed mental health 41 professional and providing requirements for the 42 employing agency related thereto; specifying the 43 maximum amount an employer may pay for such 44 counseling; providing that payment by the employing 45 agency for such counseling does not create a 46 presumption of a compensable occupational disease; 47 requiring employing agencies to submit a specified 48 annual report to the Chief Financial Officer, 49 beginning on a specified date; providing a declaration 50 of important state interest; providing an effective 51 date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1. Subsection (1) of section 112.1815, Florida 56 Statutes, is amended, and subsection (7) is added to that 57 section, to read: 58 112.1815 Firefighters, paramedics, emergency medical 59 technicians, and law enforcement officers; special provisions 60 for employment-related accidents and injuries.— 61 (1) As used in this section, the term: 62 (a)The term“First responder”as used in this section63 means a law enforcement officer as defined in s. 943.10, a 64 firefighter as defined in s. 633.102, or an emergency medical 65 technician or paramedic as defined in s. 401.23 employed by 66 state or local government. A volunteer law enforcement officer, 67 firefighter, or emergency medical technician or paramedic 68 engaged by the state or a local government is also considered a 69 first responder of the state or local government for purposes of 70 this section. 71 (b) “Licensed counseling” means counseling provided by a 72 licensed mental health professional. 73 (c) “Licensed mental health professional” means a 74 psychiatrist licensed under chapter 458 or chapter 459, a 75 psychologist as defined in s. 490.003, or a licensed 76 practitioner under chapter 491. 77 (7)(a) An employing agency of a first responder, including 78 volunteer first responders, must pay for up to 12 hours of 79 licensed counseling for a first responder who experiences an 80 event listed in subparagraph (5)(a)2. in the course of his or 81 her employment. The licensed counseling may be used only to 82 address an event listed in subparagraph (5)(a)2. The licensed 83 counseling may be in person or through telehealth in accordance 84 with s. 456.47. The licensed counseling is in addition to, and 85 separate from, any benefits already provided by an employer 86 sponsored health plan or a group health insurance trust fund. 87 (b) If a licensed mental health professional determines 88 that the first responder needs additional hours of licensed 89 counseling beyond the initial 12 hours and that the additional 90 hours of licensed counseling are likely to improve the first 91 responder’s condition, the employing agency of the first 92 responder must pay for up to an additional 24 hours of licensed 93 counseling for the first responder. 94 (c) All hours of licensed counseling authorized under 95 paragraphs (a) or (b) must be completed within 1 year after the 96 first responder’s first visit to a licensed mental health 97 professional. 98 (d) The employing agency of the first responder may not 99 require the first responder to use his or her accrued annual or 100 vacation leave, personal leave, or sick leave if the first 101 responder’s licensed counseling is scheduled during his or her 102 established work hours. 103 (e) A first responder may select a licensed mental health 104 professional for licensed counseling under this subsection. 105 However, if the licensed mental health professional selected by 106 the first responder declines to provide such counseling, the 107 employing agency of the first responder is not required to 108 secure the counseling services of that licensed mental health 109 professional and must provide a list of other qualified licensed 110 mental health professionals to the first responder. 111 (f) Payment by the employing agency of the first responder 112 for licensed counseling under this subsection may not exceed 113 $500 per hour and does not create a presumption that the first 114 responder suffered a compensable occupational disease as defined 115 in subsection (4) and s. 440.151(2). 116 (g) Beginning on March 1, 2024, and each March 1 117 thereafter, each employing agency of first responders shall 118 submit a report to the Chief Financial Officer. The report must 119 contain all of the following: 120 1. The total number of employees, by employment category, 121 who have participated in the program. 122 2. A breakdown for each employment category which includes: 123 a. The average number of visits per employee. 124 b. The average number of months an employee participated in 125 the program. 126 c. The total number of employees who participated in the 127 program and who subsequently filed a workers’ compensation 128 claim. 129 d. The total number of employees who have participated in 130 the program and who received additional visits in addition to 131 the 12 hours provided. 132 Section 2. Present paragraphs (b), (c), and (d) of 133 subsection (1) of section 112.18155, Florida Statutes, are 134 redesignated as paragraphs (c), (d), and (e), respectively, a 135 new paragraph (b) is added to that subsection, and subsection 136 (8) is added to that section, to read: 137 112.18155 Correctional officers and correctional probation 138 officers; special provisions for posttraumatic stress 139 disorders.— 140 (1) As used in this section, the term: 141 (b) “Correctional probation officer” has the same meaning 142 as in s. 943.10(3). 143 (8)(a) An employing agency of a correctional officer or a 144 correctional probation officer must pay for up to 12 hours of 145 licensed counseling for a correctional officer or a correctional 146 probation officer who experiences an event listed in paragraph 147 (2)(b) in the course of his or her employment. The licensed 148 counseling may be used only to address an event listed in 149 paragraph (2)(b). The licensed counseling may be in person or 150 through telehealth in accordance with s. 456.47. The licensed 151 counseling is in addition to, and separate from, any benefits 152 already provided by an employer-sponsored health plan or a group 153 health insurance trust fund. 154 (b) If a licensed mental health professional determines 155 that the correctional officer or correctional probation officer 156 needs additional hours of licensed counseling beyond the initial 157 12 hours and that the additional hours of licensed counseling 158 are likely to improve the correctional officer’s or the 159 correctional probation officer’s condition, the employing agency 160 of the correctional officer or the correctional probation 161 officer must pay for up to an additional 24 hours of licensed 162 counseling for the correctional officer or the correctional 163 probation officer. 164 (c) All hours of licensed counseling authorized under 165 paragraphs (a) or (b) must be completed within 1 year after the 166 correctional officer’s or the correctional probation officer’s 167 first visit to a licensed mental health professional. 168 (d) The employing agency of the correctional officer or the 169 correctional probation officer may not require the correctional 170 officer or the correctional probation officer to use his or her 171 accrued annual or vacation leave, personal leave, or sick leave 172 if the licensed counseling is scheduled during his or her 173 established work hours. 174 (e) A correctional officer or a correctional probation 175 officer may select a licensed mental health professional for 176 licensed counseling under this subsection. However, if the 177 licensed mental health professional selected by the correctional 178 officer or the correctional probation officer declines to 179 provide such counseling, the employing agency of the 180 correctional officer or the correctional probation officer is 181 not required to secure the counseling services of that licensed 182 mental health professional and must provide a list of other 183 qualified licensed mental health professionals to the 184 correctional officer or correctional probation officer. 185 (f) Payment by the employing agency of the correctional 186 officer or the correctional probation officer for licensed 187 counseling under this subsection may not exceed $500 per hour 188 and does not create a presumption that the correctional officer 189 or the correctional probation officer suffered a compensable 190 occupational disease as defined in subsection (2) and s. 191 440.151(2). 192 (g) Beginning on March 1, 2024, and each March 1 193 thereafter, each employing agency of correctional officers and 194 correctional probation officers shall submit a report to the 195 Chief Financial Officer. The report must contain all of the 196 following: 197 1. The total number of employees, by employment category, 198 who have participated in the program. 199 2. A breakdown for each employment category which includes: 200 a. The average number of visits per employee. 201 b. The average number of months an employee participated in 202 the program. 203 c. The total number of employees who participated in the 204 program and who subsequently filed a workers’ compensation 205 claim. 206 d. The total number of employees who have participated in 207 the program and who received additional visits in addition to 208 the 12 hours provided. 209 Section 3. The Legislature determines and declares that 210 this act fulfills an important state interest. 211 Section 4. This act shall take effect July 1, 2023.