Florida Senate - 2023                                     SB 436
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-00551A-23                                           2023436__
    1                        A bill to be entitled                      
    2         An act relating to 911 public safety
    3         telecommunicators; amending s. 112.1815, F.S.;
    4         revising the definition of the term “first responder”
    5         to include 911 public safety telecommunicators, for
    6         purposes of applying special provisions relating to
    7         employment-related accidents and injuries to 911
    8         public safety telecommunicators; amending s. 401.465,
    9         F.S.; revising the definition of the term “public
   10         safety telecommunication training program,” to
   11         increase the number of hours of required training and
   12         specify the nature of the additional training;
   13         amending s. 440.091, F.S.; specifying circumstances
   14         under which 911 public safety telecommunicators are
   15         considered to be acting within the scope of their
   16         employment so as to qualify for workers’ compensation
   17         benefits; amending s. 111.09, F.S.; conforming a
   18         provision to changes made by the act; reenacting s.
   19         627.659, F.S., relating to blanket health insurance
   20         and eligible groups, to incorporate the amendment made
   21         to s. 112.1815, F.S., in a reference thereto;
   22         reenacting s. 1003.4933, F.S., relating to 911 public
   23         safety telecommunication training programs, to
   24         incorporate the amendment made to s. 401.465, F.S., in
   25         a reference thereto; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 112.1815, Florida Statutes, is amended
   30  to read:
   31         112.1815 Firefighters, paramedics, emergency medical
   32  technicians, 911 public safety telecommunicators, and law
   33  enforcement officers; special provisions for employment-related
   34  accidents and injuries.—
   35         (1) The term “first responder” as used in this section
   36  means a law enforcement officer as defined in s. 943.10, a
   37  firefighter as defined in s. 633.102, or an emergency medical
   38  technician or paramedic as defined in s. 401.23, or a 911 public
   39  safety telecommunicator as defined in s. 401.465 employed by
   40  state or local government. A volunteer law enforcement officer,
   41  firefighter, or emergency medical technician or paramedic, or a
   42  911 public safety telecommunicator engaged by the state or a
   43  local government is also considered a first responder of the
   44  state or local government for purposes of this section.
   45         (2)(a) For the purpose of determining benefits under this
   46  section relating to employment-related accidents and injuries of
   47  first responders, the following shall apply:
   48         1. An injury or disease caused by the exposure to a toxic
   49  substance is not an injury by accident arising out of employment
   50  unless there is a preponderance of the evidence establishing
   51  that exposure to the specific substance involved, at the levels
   52  to which the first responder was exposed, can cause the injury
   53  or disease sustained by the employee.
   54         2. Any adverse result or complication caused by a smallpox
   55  vaccination of a first responder is deemed to be an injury by
   56  accident arising out of work performed in the course and scope
   57  of employment.
   58         3. A mental or nervous injury involving a first responder
   59  and occurring as a manifestation of a compensable injury must be
   60  demonstrated by clear and convincing evidence. For a mental or
   61  nervous injury arising out of the employment unaccompanied by a
   62  physical injury involving a first responder, only medical
   63  benefits under s. 440.13 shall be payable for the mental or
   64  nervous injury. However, payment of indemnity as provided in s.
   65  440.15 may not be made unless a physical injury arising out of
   66  injury as a first responder accompanies the mental or nervous
   67  injury. Benefits for a first responder are not subject to any
   68  limitation on temporary benefits under s. 440.093 or the 1
   69  percent limitation on permanent psychiatric impairment benefits
   70  under s. 440.15(3)(c).
   71         (b) In cases involving occupational disease, both causation
   72  and sufficient exposure to a specific harmful substance shown to
   73  be present in the workplace to support causation shall be proven
   74  by a preponderance of the evidence.
   75         (3) Permanent total supplemental benefits received by a
   76  first responder whose employer does not participate in the
   77  social security program shall not terminate after the first
   78  responder attains the age of 62.
   79         (4) For the purposes of this section, the term
   80  “occupational disease” means only a disease that arises out of
   81  employment as a first responder and is due to causes and
   82  conditions that are characteristic of and peculiar to a
   83  particular trade, occupation, process, or employment and
   84  excludes all ordinary diseases of life to which the general
   85  public is exposed, unless the incidence of the disease is
   86  substantially higher in the particular trade, occupation,
   87  process, or employment than for the general public.
   88         (5)(a) For the purposes of this section and chapter 440,
   89  and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
   90  and 440.151(2), posttraumatic stress disorder, as described in
   91  the Diagnostic and Statistical Manual of Mental Disorders, Fifth
   92  Edition, published by the American Psychiatric Association,
   93  suffered by a first responder is a compensable occupational
   94  disease within the meaning of subsection (4) and s. 440.151 if:
   95         1. The posttraumatic stress disorder resulted from the
   96  first responder acting within the course of his or her
   97  employment as provided in s. 440.091; and
   98         2. The first responder is examined and subsequently
   99  diagnosed with such disorder by a licensed psychiatrist who is
  100  an authorized treating physician as provided in chapter 440 due
  101  to one of the following events:
  102         a. Seeing for oneself a deceased minor;
  103         b. Directly witnessing the death of a minor;
  104         c. Directly witnessing an injury to a minor who
  105  subsequently died before or upon arrival at a hospital emergency
  106  department;
  107         d. Participating in the physical treatment of an injured
  108  minor who subsequently died before or upon arrival at a hospital
  109  emergency department;
  110         e. Manually transporting an injured minor who subsequently
  111  died before or upon arrival at a hospital emergency department;
  112         f. Seeing for oneself a decedent whose death involved
  113  grievous bodily harm of a nature that shocks the conscience;
  114         g. Directly witnessing a death, including suicide, that
  115  involved grievous bodily harm of a nature that shocks the
  116  conscience;
  117         h. Directly witnessing a homicide regardless of whether the
  118  homicide was criminal or excusable, including murder, mass
  119  killing as defined in 28 U.S.C. s. 530C, manslaughter, self
  120  defense, misadventure, and negligence;
  121         i. Directly witnessing an injury, including an attempted
  122  suicide, to a person who subsequently died before or upon
  123  arrival at a hospital emergency department if the person was
  124  injured by grievous bodily harm of a nature that shocks the
  125  conscience;
  126         j. Participating in the physical treatment of an injury,
  127  including an attempted suicide, to a person who subsequently
  128  died before or upon arrival at a hospital emergency department
  129  if the person was injured by grievous bodily harm of a nature
  130  that shocks the conscience; or
  131         k. Manually transporting a person who was injured,
  132  including by attempted suicide, and subsequently died before or
  133  upon arrival at a hospital emergency department if the person
  134  was injured by grievous bodily harm of a nature that shocks the
  135  conscience.
  136         (b) Such disorder must be demonstrated by clear and
  137  convincing medical evidence.
  138         (c) Benefits for a first responder under this subsection:
  139         1. Do not require a physical injury to the first responder;
  140  and
  141         2. Are not subject to:
  142         a. Apportionment due to a preexisting posttraumatic stress
  143  disorder;
  144         b. Any limitation on temporary benefits under s. 440.093;
  145  or
  146         c. The 1-percent limitation on permanent psychiatric
  147  impairment benefits under s. 440.15(3).
  148         (d) The time for notice of injury or death in cases of
  149  compensable posttraumatic stress disorder under this subsection
  150  is the same as in s. 440.151(6) and is measured from one of the
  151  qualifying events listed in subparagraph (a)2. or the diagnosis
  152  of the disorder, whichever is later. A claim under this
  153  subsection must be properly noticed within 52 weeks after the
  154  qualifying event or the diagnosis of the disorder, whichever is
  155  later.
  156         (e) As used in this subsection, the term:
  157         1. “Directly witnessing” means to see or hear for oneself.
  158         2. “Manually transporting” means to perform physical labor
  159  to move the body of a wounded person for his or her safety or
  160  medical treatment.
  161         3. “Minor” has the same meaning as in s. 1.01(13).
  162         (f) The Department of Financial Services shall adopt rules
  163  specifying injuries qualifying as grievous bodily harm of a
  164  nature that shocks the conscience for the purposes of this
  165  subsection.
  166         (6) An employing agency of a first responder, including
  167  volunteer first responders, must provide educational training
  168  related to mental health awareness, prevention, mitigation, and
  169  treatment.
  170         Section 2. Paragraph (d) of subsection (1) of section
  171  401.465, Florida Statutes, is amended to read:
  172         401.465 911 public safety telecommunicator certification.—
  173         (1) DEFINITIONS.—As used in this section, the term:
  174         (d) “Public safety telecommunication training program”
  175  means a 911 emergency public safety telecommunication training
  176  program that the department determines to be equivalent to the
  177  public safety telecommunication training program curriculum
  178  framework developed by the Department of Education and consists
  179  of at least 238 not less than 232 hours, of which at least 6
  180  hours are telecommunicator cardiopulmonary resuscitation
  181  training.
  182         Section 3. Section 440.091, Florida Statutes, is amended to
  183  read:
  184         440.091 Law enforcement officer, firefighter, emergency
  185  medical technician, or paramedic, or 911 public safety
  186  telecommunicator; when acting within the course of employment.—
  187         (1) If an employee:
  188         (a) Is elected, appointed, or employed full time by a
  189  municipality, the state, or any political subdivision and is
  190  vested with authority to bear arms and make arrests and the
  191  employee’s primary responsibility is the prevention or detection
  192  of crime or the enforcement of the penal, criminal, traffic, or
  193  highway laws of the state;
  194         (b) Was discharging that primary responsibility within the
  195  state in a place and under circumstances reasonably consistent
  196  with that primary responsibility; and
  197         (c) Was not engaged in services for which he or she was
  198  paid by a private employer, and the employee and his or her
  199  public employer had no agreement providing for workers’
  200  compensation coverage for that private employment;
  201  
  202  the employee is considered to have been acting within the course
  203  of employment. The term “employee” as used in this subsection
  204  includes all certified supervisory and command personnel whose
  205  duties include, in whole or in part, responsibilities for the
  206  supervision, training, guidance, and management of full-time law
  207  enforcement officers, part-time law enforcement officers, or
  208  auxiliary law enforcement officers but does not include support
  209  personnel employed by the employing agency.
  210         (2) If a firefighter as defined by s. 112.191(1)(b) is
  211  engaged in extinguishing a fire, or protecting and saving life
  212  or property due to a fire in this state in an emergency, and
  213  such activities would be considered to be within the course of
  214  his or her employment as a firefighter and covered by the
  215  employer’s workers’ compensation coverage except for the fact
  216  that the firefighter was off duty or that the location of the
  217  fire was outside the employer’s jurisdiction or area of
  218  responsibility, such activities are considered to be within the
  219  course of employment. This subsection does not apply if the
  220  firefighter is performing activities for which he or she is paid
  221  by another employer or contractor.
  222         (3) If an emergency medical technician or paramedic is
  223  appointed or employed full time by a municipality, the state, or
  224  any political subdivision, is certified under chapter 401, is
  225  providing basic life support or advanced life support services,
  226  as defined in s. 401.23, in an emergency situation in this
  227  state, and such activities would be considered to be within the
  228  course of his or her employment as an emergency medical
  229  technician or paramedic and covered by the employer’s workers’
  230  compensation coverage except for the fact that the location of
  231  the emergency was outside of the employer’s jurisdiction or area
  232  of responsibility, such activities are considered to be within
  233  the course of employment. The provisions of This subsection does
  234  do not apply if the emergency medical technician or paramedic is
  235  performing activities for which he or she is paid by another
  236  employer or contractor.
  237         (4)If a 911 public safety telecommunicator is appointed or
  238  employed full time by a municipality, the state, or any
  239  political subdivision, is certified under chapter 401, is
  240  answering telephone calls and providing dispatch functions for
  241  an emergency medical condition or performing telecommunicator
  242  cardiopulmonary resuscitation in an emergency situation in this
  243  state, and such activities would be considered to be within the
  244  course of his or her employment as a 911 public safety
  245  telecommunicator and covered by the employer’s workers’
  246  compensation coverage except for the fact that the location of
  247  the emergency was outside of the employer’s jurisdiction or area
  248  of responsibility, such activities are considered to be within
  249  the course of employment. This subsection does not apply if the
  250  911 public safety telecommunicator is performing activities for
  251  which he or she is paid by another employer or contractor.
  252         Section 4. Paragraph (a) of subsection (1) of section
  253  111.09, Florida Statutes, is amended to read:
  254         111.09 Peer support for first responders.—
  255         (1) For purposes of this section, the term:
  256         (a) “First responder” has the same meaning as provided in
  257  s. 112.1815 and includes 911 public safety telecommunicators as
  258  defined in s. 401.465.
  259         Section 5. For the purpose of incorporating the amendment
  260  made by this act to section 112.1815, Florida Statutes, in a
  261  reference thereto, subsection (4) of section 627.659, Florida
  262  Statutes, is reenacted to read:
  263         627.659 Blanket health insurance; eligible groups.—Blanket
  264  health insurance is that form of health insurance which covers
  265  special groups of individuals as enumerated in one of the
  266  following subsections:
  267         (4) Under a policy or contract issued in the name of a
  268  volunteer fire department, first aid group, local emergency
  269  management agency as defined in s. 252.34(6), or other group of
  270  first responders as defined in s. 112.1815, which is deemed the
  271  policyholder, covering all or any grouping of the members or
  272  employees of the policyholder or covering all or any
  273  participants in an activity or operation sponsored or supervised
  274  by the policyholder.
  275         Section 6. For the purpose of incorporating the amendment
  276  made by this act to section 401.465, Florida Statutes, in a
  277  reference thereto, section 1003.4933, Florida Statutes, is
  278  reenacted to read:
  279         1003.4933 911 public safety telecommunication training
  280  programs.—
  281         (1)(a) Each district school board is encouraged to
  282  establish a public safety telecommunication training program as
  283  defined in s. 401.465 in at least one public high school in the
  284  district.
  285         (b) The district school board may partner with an existing
  286  public safety telecommunication training program operated by a
  287  law enforcement agency or a Florida College System institution.
  288         (2)(a) A school district shall allow a student attending a
  289  public high school in the district to enroll in the public
  290  safety telecommunication training program at another public high
  291  school in the district unless:
  292         1. The student’s school offers a public safety
  293  telecommunication training program;
  294         2. The student does not meet the minimum enrollment
  295  qualifications for the public safety telecommunication training
  296  program; or
  297         3. Scheduling of the student’s courses of study does not
  298  allow the student to attend the public safety telecommunication
  299  training program at another public high school in the district.
  300         (b) This subsection does not require a school district to
  301  provide transportation for a student to attend the public safety
  302  telecommunication training program at another public high school
  303  in the district.
  304         Section 7. This act shall take effect July 1, 2023.