Florida Senate - 2024                             CS for SB 1490
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Burgess
       
       
       
       
       585-02590-24                                          20241490c1
    1                        A bill to be entitled                      
    2         An act relating to first responders and crime scene
    3         investigators; amending s. 112.1815, F.S.; defining
    4         the term “first responder”; amending s. 112.18155,
    5         F.S.; authorizing certain diagnoses to be made through
    6         telehealth; removing a cross-reference; creating s.
    7         112.18156, F.S.; defining terms; providing that
    8         posttraumatic stress disorder suffered by a crime
    9         scene investigator is a compensable occupational
   10         disease under certain circumstances; authorizing
   11         certain diagnoses to be made through telehealth;
   12         specifying the evidentiary standard for demonstrating
   13         such disorder; specifying that benefits do not require
   14         a physical injury and are not subject to certain
   15         apportionment or limitations; providing requirements
   16         for benefits offered to a crime scene investigator for
   17         posttraumatic stress disorder; specifying when a claim
   18         for posttraumatic stress disorder must be noticed;
   19         requiring a crime scene investigator’s employing
   20         agency to provide specified mental health training;
   21         requiring the Department of Financial Services to
   22         adopt rules; establishing employer paid contribution
   23         rates necessary to fund the retirement system
   24         benefits; directing the Division of Law Revision to
   25         adjust accordingly the contribution rates otherwise in
   26         effect; declaring that the act fulfills an important
   27         state interest; providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Subsection (1) of section 112.1815, Florida
   32  Statutes, is amended to read:
   33         112.1815 Firefighters, paramedics, emergency medical
   34  technicians, and law enforcement officers; special provisions
   35  for employment-related accidents and injuries.—
   36         (1) The term “first responder” As used in this section, the
   37  term “first responder” means any of the following persons who is
   38  a full-time paid employee, a part-time paid employee, or an
   39  unpaid volunteer:
   40         (a) A law enforcement officer, as defined in s. 943.10(1).
   41  s. 943.10,
   42         (b) A firefighter, as defined in s. 633.102., or
   43         (c) An emergency medical technician or a paramedic, as
   44  those terms are defined in s. 401.23.
   45         (d)A correctional officer, as defined in s. 943.10(2).
   46         (e)A 911 public safety telecommunicator, as defined in s.
   47  401.465(1).
   48         (f)A federal law enforcement officer, as defined in s.
   49  901.1505(1) employed by state or local government. A volunteer
   50  law enforcement officer, firefighter, or emergency medical
   51  technician or paramedic engaged by the state or a local
   52  government is also considered a first responder of the state or
   53  local government for purposes of this section.
   54         Section 2. Subsection (2) of section 112.18155, Florida
   55  Statutes, is amended to read:
   56         112.18155 Correctional officers; special provisions for
   57  posttraumatic stress disorders.—
   58         (2) For purposes of this section and chapter 440, and
   59  notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
   60  disorder, as described in the Diagnostic and Statistical Manual
   61  of Mental Disorders, Fifth Edition, published by the American
   62  Psychiatric Association, suffered by a correctional officer is a
   63  compensable occupational disease within the meaning of s.
   64  440.151 if both of the following apply:
   65         (a) The posttraumatic stress disorder resulted from the
   66  correctional officer acting within the course of his or her
   67  employment as provided in s. 440.091.
   68         (b) The correctional officer is examined and subsequently
   69  diagnosed with such disorder by a licensed psychiatrist, in
   70  person or through telehealth as that term is defined in s.
   71  456.47(1), who is an authorized treating physician as provided
   72  in chapter 440 due to one of the following events:
   73         1. Being taken hostage by an inmate or trapped in a life
   74  threatening situation as a result of an inmate’s act;
   75         2. Directly witnessing a death, including a death due to
   76  suicide, of a person who suffered grievous bodily harm of a
   77  nature that shocks the conscience;
   78         3. Directly witnessing an injury, including an attempted
   79  suicide, to a person who subsequently dies before or upon
   80  arrival at a hospital emergency department if the person was
   81  injured by grievous bodily harm of a nature that shocks the
   82  conscience;
   83         4. Participating in the physical treatment of an injury, or
   84  manually transporting a person who was injured, including by
   85  attempted suicide, who subsequently dies before or upon arrival
   86  at a hospital emergency department if the person was injured by
   87  grievous bodily harm of a nature that shocks the conscience;
   88         5. Directly witnessing a homicide regardless of whether the
   89  homicide was criminal or excusable, including murder, mass
   90  killing, manslaughter, self-defense, misadventure, and
   91  negligence; or
   92         6. Seeing for oneself a decedent whose death involved
   93  grievous bodily harm of a nature that shocks the conscience.
   94         Section 3. Section 112.18156, Florida Statutes, is created
   95  to read:
   96         112.18156Crime scene investigators; special provisions for
   97  posttraumatic stress disorders.—
   98         (1)As used in this section, the term:
   99         (a)“Advanced stage of decomposition” means the breaking
  100  down of soft tissue, skin, and hair, as well as muscle and
  101  connective tissue.
  102         (b)“Crime scene investigator” means a forensic member of a
  103  law enforcement agency, government, or civilian crime laboratory
  104  whose primary responsibility is to document, identify, collect,
  105  or preserve forensic evidence relevant to a law enforcement,
  106  death, or natural disaster investigation, and whose primary
  107  responsibilities include, but are not limited to, collecting
  108  evidence such as fingerprints, footprints, tire tracks, blood
  109  and other biological fluids, fibers, and fire debris.
  110         (c)“Directly witnessing” means to see or hear for oneself.
  111         (d)“Mass killing” means three or more killings in a single
  112  incident.
  113         (2)For purposes of this section and chapter 440, and
  114  notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
  115  disorder, as described in the Diagnostic and Statistical Manual
  116  of Mental Disorders, Fifth Edition, published by the American
  117  Psychiatric Association, suffered by a crime scene investigator
  118  is a compensable occupational disease within the meaning of s.
  119  440.151 if both of the following apply:
  120         (a)The posttraumatic stress disorder resulted from the
  121  crime scene investigator acting within the course of his or her
  122  employment.
  123         (b)The crime scene investigator is examined and
  124  subsequently diagnosed with such disorder by a licensed
  125  psychiatrist, in person or through telehealth as that term is
  126  defined in s. 456.47(1), who is an authorized treating physician
  127  as provided in chapter 440 due to one of the following events:
  128         1.Directly witnessing a death, including a death due to
  129  suicide, that involved grievous bodily harm of a nature that
  130  shocks the conscience;
  131         2.Directly witnessing the death of a minor;
  132         3.Directly witnessing an injury, including an attempted
  133  suicide, to a person who subsequently dies before or upon
  134  arrival at a hospital emergency department if the person was
  135  injured by grievous bodily harm of a nature that shocks the
  136  conscience;
  137         4.Directly witnessing an injury to a minor who
  138  subsequently dies before or upon arrival at a hospital emergency
  139  department;
  140         5.Directly witnessing a homicide regardless of whether the
  141  homicide was criminal or excusable, including murder, mass
  142  killing, manslaughter, self-defense, misadventure, and
  143  negligence;
  144         6.Seeing for oneself a deceased minor;
  145         7.Seeing for oneself a decedent whose death involved
  146  grievous bodily harm of a nature that shocks the conscience; or
  147         8.Seeing for oneself a decedent who is in an advanced
  148  stage of decomposition.
  149         (3)The posttraumatic stress disorder must be demonstrated
  150  by clear and convincing medical evidence.
  151         (4)Benefits for a crime scene investigator under this
  152  section:
  153         (a)Do not require a physical injury to the crime scene
  154  investigator.
  155         (b)Are not subject to any of the following:
  156         1.Apportionment due to a preexisting posttraumatic stress
  157  disorder.
  158         2.Any limitation on temporary benefits under s. 440.093.
  159         3.The 1-percent limitation on permanent psychiatric
  160  impairment benefits under s. 440.15(3).
  161         (5)The time for notice of injury or death in cases of
  162  compensable posttraumatic stress disorder under this section is
  163  the same as in s. 440.151(6) and is measured from one of the
  164  qualifying events listed in paragraph (2)(b) or the diagnosis of
  165  the disorder, whichever is later. A claim under this section
  166  must be properly noticed within 52 weeks after the qualifying
  167  event or the diagnosis of the disorder, whichever is later.
  168         (6)The employing agency of a crime scene investigator must
  169  provide educational training related to mental health awareness,
  170  prevention, mitigation, and treatment.
  171         (7)The Department of Financial Services shall adopt rules
  172  specifying injuries qualifying as grievous bodily harm of a
  173  nature that shocks the conscience for the purposes of this
  174  section.
  175         Section 4. (1) In order to fund the benefit changes
  176  provided by this act, the required employer contribution rates
  177  for the members of the Florida Retirement System established in
  178  s. 121.71(4), Florida Statutes, are increased as follows:
  179         (a) By 0.01 percentage point for the Regular Class.
  180         (b) By 0.01 percentage point for the Special Risk Class.
  181         (c)By 0.01 percentage point for the DROP.
  182         (2) The adjustments provided in subsection (1) are in
  183  addition to any other changes to such contribution rates which
  184  may be enacted into law to take effect on July 1, 2024. The
  185  Division of Law Revision is directed to adjust accordingly the
  186  contribution rates provided in s. 121.71, Florida Statutes.
  187         Section 5. The Legislature determines and declares that
  188  this act fulfills an important state interest.
  189         Section 6. This act shall take effect July 1, 2024.