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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to posttraumatic stress disorder 2
workers' compensation for law enforcement, 3
correctional, and correctional probation officers; 4
amending s. 112.1815, F.S.; revising the definition of 5
the term "first responder" to include part -time and 6
auxiliary law enforcement officers for the purpose of 7
workers' compensation benefits for posttraumatic 8
stress disorders; creating ss. 112.18155 and 9
112.18156, F.S.; providing definitions; providing 10
that, under certain circumstances, posttraumatic 11
stress disorder suffered by correctional officers and 12
part-time correctional officers and by correctional 13
probation officers and part -time correctional 14
probation officers, respectively, is an occupational 15
disease compensable by workers' compensation benefits; 16
specifying the evidentiary standard for demonstrating 17
such disorder; specifying that benefits do not require 18
a physical injury and are not subject to certain 19
apportionment or limitations; providing a time for 20
notice of injury or death; requiring the Department of 21
Financial Services to adopt certain rules; requiring 22
an employing agency to provide specified mental health 23
training; amending ss. 111.09, 119.071, and 627.659, 24
F.S.; revising cross -references; providing a 25
HB 425 2022
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declaration of important state interest; providing an 26
effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Subsections (5) and (6) of section 112.1815, 31
Florida Statutes, are amended to read: 32
112.1815 Firefighters, paramedics, emergency medical 33
technicians, and law enforcement officers; special provisions 34
for employment-related accidents and injuries and posttraumatic 35
stress disorders.— 36
(5)(a) For the purposes of this section and chapter 440, 37
and notwithstanding sub -subparagraph (2)(a)3. and ss. 440.093 38
and 440.151(2), posttraumatic stress disorder, as described in 39
the Diagnostic and Statistical Manual of Mental Disorders, Fifth 40
Edition, published by the American Psychiatric Association, 41
suffered by a first responder is a compensable occupational 42
disease within the meaning of subsection (4) and s. 440.151 if: 43
1. The posttraumatic stress disorder resulted from the 44
first responder acting within the course of his or her 45
employment as provided in s. 440.091; and 46
2. The first responder is examined and subsequently 47
diagnosed with such disorder by a licensed psychiatrist who is 48
an authorized treating physician as provided in chapter 440 due 49
to one of the following events: 50
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a. Seeing for oneself a deceased minor; 51
b. Directly witnessing the death of a minor; 52
c. Directly witnessing an injury to a minor who 53
subsequently died before or upon arrival at a hospital emergency 54
department; 55
d. Participating in the physical treatment of an injured 56
minor who subsequently died before or upon arrival at a hospital 57
emergency department; 58
e. Manually transporting an injured minor who subsequently 59
died before or upon arrival at a hospital emergency department; 60
f. Seeing for oneself a decedent whose death involved 61
grievous bodily harm of a nature that shocks the conscience; 62
g. Directly witnessing a death, including suicide, that 63
involved grievous bodily harm of a nature that shocks the 64
conscience; 65
h. Directly witnessing a homicide regardless of whether 66
the homicide was criminal or excusable, including murder, mass 67
killing as defined in 28 U.S.C. s. 530C, manslaughter, self -68
defense, misadventure, and negligence; 69
i. Directly witnessing an injury, including an attempted 70
suicide, to a person who subsequently died before or upon 71
arrival at a hospital emergency department if the p erson was 72
injured by grievous bodily harm of a nature that shocks the 73
conscience; 74
j. Participating in the physical treatment of an injury, 75
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including an attempted suicide, to a person who subsequently 76
died before or upon arrival at a hospital emergency de partment 77
if the person was injured by grievous bodily harm of a nature 78
that shocks the conscience; or 79
k. Manually transporting a person who was injured, 80
including by attempted suicide, and subsequently died before or 81
upon arrival at a hospital emergency department if the person 82
was injured by grievous bodily harm of a nature that shocks the 83
conscience. 84
(b) Such disorder must be demonstrated by clear and 85
convincing medical evidence. 86
(c) Benefits for a first responder under this subsection: 87
1. Do not require a physical injury to the first 88
responder; and 89
2. Are not subject to: 90
a. Apportionment due to a preexisting posttraumatic stress 91
disorder; 92
b. Any limitation on temporary benefits under s. 440.093; 93
or 94
c. The 1-percent limitation on permanent psychiatric 95
impairment benefits under s. 440.15(3). 96
(d) The time for notice of injury or death in cases of 97
compensable posttraumatic stress disorder under this subsection 98
is the same as in s. 440.151(6) and is measured from one of the 99
qualifying events listed in subparagraph (a)2. or the 100
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manifestation of the disorder, whichever is later. A claim under 101
this subsection must be properly noticed within 52 weeks after 102
the qualifying event. 103
(e) As used in this subsection, the term: 104
1. "Directly witnessing" means to see or hear for oneself. 105
2. "First responder" also includes a part -time law 106
enforcement officer as defined in s. 943.10(6) and an auxiliary 107
law enforcement officer as defined in s. 943.10(8). 108
3. "Manually transporting" means to perform physica l labor 109
to move the body of a wounded person for his or her safety or 110
medical treatment. 111
4.3. "Minor" has the same meaning as in s. 1.01(13). 112
(f) The Department of Financial Services shall adopt rules 113
specifying injuries qualifying as grievous bodily h arm of a 114
nature that shocks the conscience for the purposes of this 115
subsection. 116
(6) An employing agency of a first responder, including 117
volunteer first responders, must provide educational training 118
related to mental health awareness, prevention, mitigati on, and 119
treatment. As used in this subsection, the term "first 120
responder" also includes a part -time law enforcement officer as 121
defined in s. 943.10(6) and an auxiliary law enforcement officer 122
as defined in s. 943.10(8). 123
Section 2. Section 112.18155, Fl orida Statutes, is created 124
to read: 125
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112.18155 Correctional officers and part -time correctional 126
officers; special provisions for posttraumatic stress 127
disorders.— 128
(1) As used in this section, the term: 129
(a) "Correctional officer" has the same meaning as in s. 130
943.10(2). 131
(b) "Directly witnessing" has the same meaning as in s. 132
112.1815(5)(e). 133
(c) "Manually transporting" has the same meaning as in s. 134
112.1815(5)(e). 135
(d) "Mass killing" means three or more killings in a 136
single incident. 137
(e) "Part-time correctional officer" has the same meaning 138
as in s. 943.10(7). 139
(2) For purposes of this section and chapter 440, and 140
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 141
disorder, as described in the Diagnostic and Statistical Manual 142
of Mental Disorders, Fifth Edition, published by the American 143
Psychiatric Association, suffered by a correctional officer or 144
part-time correctional officer is a compensable occupational 145
disease within the meaning of s. 440.151 if: 146
(a) The posttraumatic stress d isorder resulted from the 147
correctional officer or part -time correctional officer acting 148
within the course of his or her employment. 149
(b) The correctional officer or part -time correctional 150
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officer is: 151
1. Examined by a licensed psychiatrist who is an 152
authorized treating physician as provided in chapter 440. 153
2. Diagnosed by the psychiatrist described in subparagraph 154
1. as suffering from posttraumatic stress disorder due to one of 155
the following events: 156
a. Breaking up a fight between inmates or trying to stop a 157
murder or suicide attempt committed by an inmate. 158
b. Being seriously injured, bitten, or beaten by an 159
inmate. 160
c. Receiving a threat to himself or herself or to a loved 161
one that is made by an inmate or a person known to an inmate. 162
d. Being taken hostage by an inmate or trapped in a life -163
threatening situation as a result of an inmate's act. 164
e. Making a life-threatening mistake related to an inmate 165
or another correctional officer or part -time correctional 166
officer. 167
f. Not preventing, or not being able to prevent, a life -168
threatening situation involving an inmate or another 169
correctional officer or part -time correctional officer from 170
happening. 171
g. Killing or seriously injuring an inmate or another 172
correctional officer or part -time correctional officer. 173
h. Directly witnessing an injury, including an injury 174
caused by a suicide attempt, to an inmate or another 175
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correctional officer or part -time correctional officer who 176
subsequently died before or upon arrival at a hospital emergency 177
department or was injured by grievous bodily harm of a nature 178
that shocks the conscience. 179
i. Participating in the physical treatment of an injury, 180
including an injury caused by a suicide attempt, to an inmate or 181
another correctional officer or part -time correctional officer 182
who subsequently died before or upon arrival at a hospital 183
emergency department or was injured by grievous bodily harm of a 184
nature that shocks the conscience. 185
j. Manually transporting an inmate or another correctional 186
officer or part-time correctional officer who was injured, 187
including by a suicide attempt, by grievous bodily harm of a 188
nature that shocks the conscience or who subsequently died 189
before or upon arrival at a hospital emergency department. 190
k. Directly witnessing a death, including a death by 191
suicide, of an inmate or another correctional officer or part -192
time correctional officer that involved grievous bodily harm of 193
a nature that shocks the conscience. 194
l. Directly witnessing a homicide committed by an inmate 195
or another correctional officer or part-time correctional 196
officer, regardless of whether the homicide was criminal or 197
excusable, including murder, mass killing, manslaughter, self -198
defense, misadventure, and negligence. 199
m. Seeing for oneself a decedent whose death involved 200
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grievous bodily harm of a nature that shocks the conscience. 201
n. Cleaning up an inmate's cell or other areas of a 202
correctional institution after an injury or death, including an 203
injury by a suicide attempt or a death by suicide. 204
o. Encountering an inmate who was recently sexually 205
assaulted. 206
(3) The posttraumatic stress disorder must be demonstrated 207
by clear and convincing medical evidence. 208
(4) Benefits for a correctional officer or part -time 209
correctional officer under this section: 210
(a) Do not require a physical injury to the correctional 211
officer or part-time correctional officer. 212
(b) Are not subject to any of the following: 213
1. Apportionment due to a preexisting posttraumatic stress 214
disorder. 215
2. Any limitation on temporary benefits under s. 440.093. 216
3. The 1-percent limitation on permanent psychiatric 217
impairment benefits under s. 440.15(3). 218
(5) The time for notice of injury or death in cases of 219
compensable posttraumatic stress disorder under this section is 220
the same as in s. 440.151(6) and is measured from one of the 221
qualifying events listed in paragraph (2)(b) or the 222
manifestation of the disorder, whichever is later. A claim under 223
this section must be properly noticed within 52 weeks after the 224
qualifying event. 225
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(6) The Department of Financia l Services shall adopt rules 226
specifying injuries qualifying as grievous bodily harm of a 227
nature that shocks the conscience for the purposes of this 228
section. 229
(7) An employing agency of a correctional officer or part -230
time correctional officer must provide educational training 231
related to mental health awareness, prevention, mitigation, and 232
treatment. 233
Section 3. Section 112.18156, Florida Statutes, is created 234
to read: 235
112.18156 Correctional probation officers and part -time 236
correctional probation officers; special provisions for 237
posttraumatic stress disorders. — 238
(1) As used in this section, the term: 239
(a) "Correctional probation officer" has the same meaning 240
as in s. 943.10(3). 241
(b) "Directly witnessing" has the same meaning as in s. 242
112.1815(5)(e). 243
(c) "Manually transporting" has the same meaning as in s. 244
112.1815(5)(e). 245
(d) "Mass killing" means three or more killings in a 246
single incident. 247
(e) "Part-time correctional probation officer" has the 248
same meaning as in s. 943.10(19). 249
(f) "Probationer" means a person who is assigned to a 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
correctional probation officer or part -time correctional 251
probation officer for supervised custody, surveillance, and 252
control. The term includes, but is not limited to, an inmate, a 253
parolee, and a community contro llee. 254
(g) "Probationer-related activity" means an unlawful act 255
or activity that a probationer or a person known to a 256
probationer engages in. 257
(2) For purposes of this section and chapter 440, and 258
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 259
disorder, as described in the Diagnostic and Statistical Manual 260
of Mental Disorders, Fifth Edition, published by the American 261
Psychiatric Association, suffered by a correctional probation 262
officer or part-time correctional probation officer is a 263
compensable occupational disease within the meaning of s. 264
440.151 if: 265
(a) The posttraumatic stress disorder resulted from the 266
correctional probation officer or part -time correctional 267
probation officer acting within the course of his or her 268
employment. 269
(b) The correctional probation officer or part -time 270
correctional probation officer is: 271
1. Examined by a licensed psychiatrist who is an 272
authorized treating physician as provided in chapter 440. 273
2. Diagnosed by the psychiatrist described in subparagraph 274
1. as suffering from posttraumatic stress disorder due to one of 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the following events: 276
a. Being seriously injured or beaten by a probationer or 277
by a person who is known to a probationer or is involved in a 278
probationer-related activity. 279
b. Receiving a threat to himself or herself or to a loved 280
one that is made by a probationer or a person who is known to a 281
probationer or is involved in a probationer -related activity. 282
c. Being taken hostage by a probationer or a person who is 283
known to a probationer or is involved in a probationer -related 284
activity. 285
d. Being trapped in a life -threatening situation as a 286
result of a probationer -related activity. 287
e. Making a life-threatening mistake related to a 288
probationer or another person when trying to stop a probatione r-289
related activity. 290
f. Not preventing, or not being able to prevent, a life -291
threatening situation involving a probationer from happening. 292
g. Killing or seriously injuring a probationer or another 293
person as a result of an intervention in a probationer -related 294
activity. 295
h. Directly witnessing an injury, including an injury 296
caused by a suicide attempt, to a probationer, or an injury 297
caused to another person in a probationer -related activity, and 298
the probationer or person subsequently died before or upon 299
arrival at a hospital emergency department or was injured by 300
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grievous bodily harm of a nature that shocks the conscience. 301
i. Participating in the physical treatment of an injury, 302
including by a suicide attempt, to a probationer, or an injury 303
to another person in a probationer -related activity, and the 304
probationer or person subsequently died before or upon arrival 305
at a hospital emergency department or was injured by grievous 306
bodily harm of a nature that shocks the conscience. 307
j. Manually transporting a p robationer who was injured, 308
including by a suicide attempt, or another person who was 309
injured in a probationer -related activity, and: 310
(I) The injury was by grievous bodily harm of a nature 311
that shocks the conscience; or 312
(II) The probationer or other pe rson subsequently died 313
before or upon arrival at a hospital emergency department. 314
k. Directly witnessing a death, including a death by 315
suicide, of a probationer or a death of another person in a 316
probationer-related activity that involved grievous bodily harm 317
of a nature that shocks the conscience. 318
l. Directly witnessing a homicide committed by or against 319
a probationer, regardless of whether the homicide was criminal 320
or excusable, including murder, mass killing, manslaughter, 321
self-defense, misadventure, and negligence. 322
m. Being assigned excessively high caseloads or high 323
special caseloads, such as caseloads of probationers who 324
recidivate or commit violent crimes. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) The posttraumatic stress disorder must be demonstrated 326
by clear and convincing medical evidence. 327
(4) Benefits for a correctional probation officer or part -328
time correctional probation officer under this section: 329
(a) Do not require a physical injury to the correctional 330
probation officer or part -time correctional probation officer. 331
(b) Are not subject to any of the following: 332
1. Apportionment due to a preexisting posttraumatic stress 333
disorder. 334
2. Any limitation on temporary benefits under s. 440.093. 335
3. The 1-percent limitation on permanent psychiatric 336
impairment benefits und er s. 440.15(3). 337
(5) The time for notice of injury or death in cases of 338
compensable posttraumatic stress disorder under this section is 339
the same as in s. 440.151(6) and is measured from one of the 340
qualifying events listed in paragraph (2)(b) or the 341
manifestation of the disorder, whichever is later. A claim under 342
this section must be properly noticed within 52 weeks after the 343
qualifying event. 344
(6) The Department of Financial Services shall adopt rules 345
specifying injuries qualifying as grievous bodily har m of a 346
nature that shocks the conscience for the purposes of this 347
section. 348
(7) An employing agency of a correctional probation 349
officer or part-time correctional probation officer must provide 350
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educational training related to mental health awareness, 351
prevention, mitigation, and treatment. 352
Section 4. Paragraph (a) of subsection (1) of section 353
111.09, Florida Statutes, is amended to read: 354
111.09 Peer support for first responders. — 355
(1) For purposes of this section, the term: 356
(a) "First responder" has the same meaning as provided in 357
s. 112.1815(1) s. 112.1815 and includes 911 public safety 358
telecommunicators as defined in s. 401.465. 359
Section 5. Paragraph (d) of subsection (3) of section 360
119.071, Florida Statutes, is amended to read: 361
119.071 General exemptions from inspection or copying of 362
public records.— 363
(3) SECURITY AND FIRESAFETY. — 364
(d)1. Information relating to the Nationwide Public Safety 365
Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 366
seq., held by an agency is confid ential and exempt from s. 367
119.07(1) and s. 24(a), Art. I of the State Constitution if 368
release of such information would reveal: 369
a. The design, development, construction, deployment, and 370
operation of network facilities; 371
b. Network coverage, including ge ographical maps 372
indicating actual or proposed locations of network 373
infrastructure or facilities; 374
c. The features, functions, and capabilities of network 375
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infrastructure and facilities; 376
d. The features, functions, and capabilities of network 377
services provided to first responders, as defined in s. 378
112.1815(1) s. 112.1815, and other network users; 379
e. The design, features, functions, and capabilities of 380
network devices provided to first responders and other network 381
users; or 382
f. Security, including cybers ecurity, of the design, 383
construction, and operation of the network and associated 384
services and products. 385
2. This paragraph is subject to the Open Government Sunset 386
Review Act in accordance with s. 119.15 and shall stand repealed 387
on October 2, 2023, unles s reviewed and saved from repeal 388
through reenactment by the Legislature. 389
Section 6. Subsection (4) of section 627.659, Florida 390
Statutes, is amended to read: 391
627.659 Blanket health insurance; eligible groups. —Blanket 392
health insurance is that form of h ealth insurance which covers 393
special groups of individuals as enumerated in one of the 394
following subsections: 395
(4) Under a policy or contract issued in the name of a 396
volunteer fire department, first aid group, local emergency 397
management agency as defined in s. 252.34(6), or other group of 398
first responders as defined in s. 112.1815(1) s. 112.1815, which 399
is deemed the policyholder, covering all or any grouping of the 400
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members or employees of the policyholder or covering all or any 401
participants in an activity or operation sponsored or supervised 402
by the policyholder. 403
Section 7. The Legislature determines and declares that 404
this act fulfills an important state interest. 405
Section 8. This act shall take effect July 1, 2022. 406