FL
Florida House Bill H0425

Florida 2022 Regular Session

Florida House Bill H0425 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to posttraumatic stress disorder 2
16-benefits and peer support programs for law 3
17-enforcement, correctional, and correctional probation 4
18-officers; creating s. 111.095, F.S.; providing 5
19-definitions; prohibiting peer support officers from 6
20-divulging certain information or testifying about 7
21-certain communication; providing exceptions; providing 8
22-construction; amending s. 112.1815, F.S.; requiring 9
23-documentation of first responders' personal 10
24-involvement in specified events in order for the first 11
25-responders to qualify for posttraumatic stress 12
26-disorder benefits; revising the timeframes for notices 13
27-of injury or death and notices of claims in cases of 14
28-compensable posttraumatic stress disorder for first 15
29-responders; defining the term "first responder" to 16
30-include part-time and auxiliary law enforcement 17
31-officers for the purpose of posttraumatic stress 18
32-disorder benefits; specifying requirements for certain 19
33-educational training; creating ss. 112.18155 and 20
34-112.18156, F.S.; providing definitions; providing 21
35-special provisions for posttraumatic stress disorder 22
36-for correctional officers and part -time correctional 23
37-officers and for correctional probation officers and 24
38-part-time correctional probation officers, 25
16+workers' compensation for law enforcement, 3
17+correctional, and correctional probation officers; 4
18+amending s. 112.1815, F.S.; revising the definition of 5
19+the term "first responder" to include part -time and 6
20+auxiliary law enforcement officers for the purpose of 7
21+workers' compensation benefits for posttraumatic 8
22+stress disorders; creating ss. 112.18155 and 9
23+112.18156, F.S.; providing definitions; providing 10
24+that, under certain circumstances, posttraumatic 11
25+stress disorder suffered by correctional officers and 12
26+part-time correctional officers and by correctional 13
27+probation officers and part -time correctional 14
28+probation officers, respectively, is an occupational 15
29+disease compensable by workers' compensation benefits; 16
30+specifying the evidentiary standard for demonstrating 17
31+such disorder; specifying that benefits do not require 18
32+a physical injury and are not subject to certain 19
33+apportionment or limitations; providing a time for 20
34+notice of injury or death; requiring the Department of 21
35+Financial Services to adopt certain rules; requiring 22
36+an employing agency to provide specified mental health 23
37+training; amending ss. 111.09, 119.071, and 627.659, 24
38+F.S.; revising cross -references; providing a 25
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4747 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
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51-respectively; requiring the Department of Financial 26
52-Services to adopt rules; requiring certain employing 27
53-agencies to provide specified educational training; 28
54-amending ss. 111.09, 119.071, and 627.659, F.S.; 29
55-conforming provisions to changes made by the act; 30
56-providing a declaration of important state interest; 31
57-providing an effective date. 32
58- 33
59-Be It Enacted by the Legislature of the State of Florida: 34
60- 35
61- Section 1. Section 111.095, Florida Statutes, is created 36
62-to read: 37
63- 111.095 Peer support for correctional officers and 38
64-correctional probation officers. — 39
65- (1) As used in this section, the term: 40
66- (a) "Correctional officer" has the same meaning as in s. 41
67-943.10(2). 42
68- (b) "Correctional probation officer" has the same meaning 43
69-as in s. 943.10(3). 44
70- (c) "Part-time correctional officer" has the same meaning 45
71-as in s. 943.10(7). 46
72- (d) "Part-time correctional probation officer" has the 47
73-same meaning as in s. 943.10(19). 48
74- (e) "Peer support" means the provision of physical, moral, 49
75-or emotional support to a correctional officer or part -time 50
51+declaration of important state interest; providing an 26
52+effective date. 27
53+ 28
54+Be It Enacted by the Legislature of the State of Florida: 29
55+ 30
56+ Section 1. Subsections (5) and (6) of section 112.1815, 31
57+Florida Statutes, are amended to read: 32
58+ 112.1815 Firefighters, paramedics, emergency medical 33
59+technicians, and law enforcement officers; special provisions 34
60+for employment-related accidents and injuries and posttraumatic 35
61+stress disorders.— 36
62+ (5)(a) For the purposes of this section and chapter 440, 37
63+and notwithstanding sub -subparagraph (2)(a)3. and ss. 440.093 38
64+and 440.151(2), posttraumatic stress disorder, as described in 39
65+the Diagnostic and Statistical Manual of Mental Disorders, Fifth 40
66+Edition, published by the American Psychiatric Association, 41
67+suffered by a first responder is a compensable occupational 42
68+disease within the meaning of subsection (4) and s. 440.151 if: 43
69+ 1. The posttraumatic stress disorder resulted from the 44
70+first responder acting within the course of his or her 45
71+employment as provided in s. 440.091; and 46
72+ 2. The first responder is examined and subsequently 47
73+diagnosed with such disorder by a licensed psychiatrist who is 48
74+an authorized treating physician as provided in chapter 440 due 49
75+to one of the following events: 50
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8484 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
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88-correctional officer or to a correctional probatio n officer or 51
89-part-time correctional probation officer for the purpose of 52
90-addressing physical or emotional conditions or other issues 53
91-associated with being a correctional officer or part -time 54
92-correctional officer or a correctional probation officer or 55
93-part-time correctional probation officer. 56
94- (f) "Peer support communication" means electronic, oral, 57
95-or written communication, made with a mutual expectation of 58
96-confidentiality while a peer support officer is providing peer 59
97-support in his or her official capaci ty. 60
98- (g) "Peer support officer" means a person who: 61
99- 1. Has experience working as or with a correctional 62
100-officer or a correctional probation officer regarding any 63
101-physical or emotional conditions or other issues associated with 64
102-the officer's employment. 65
103- 2. Has been designated by the employing agency to provide 66
104-peer support as provided in this section and has received 67
105-training for this purpose. 68
106- (2) A peer support officer may not divulge information 69
107-from or testify about a peer support communication in a civil, 70
108-criminal, administrative, or disciplinary proceeding, unless: 71
109- (a) The correctional officer or part -time correctional 72
110-officer peer or the correctional probation officer or part -time 73
111-correctional probation officer peer is a defendant in a civil, 74
112-criminal, administrative, or disciplinary proceeding arising 75
88+ a. Seeing for oneself a deceased minor; 51
89+ b. Directly witnessing the death of a minor; 52
90+ c. Directly witnessing an injury to a minor who 53
91+subsequently died before or upon arrival at a hospital emergency 54
92+department; 55
93+ d. Participating in the physical treatment of an injured 56
94+minor who subsequently died before or upon arrival at a hospital 57
95+emergency department; 58
96+ e. Manually transporting an injured minor who subsequently 59
97+died before or upon arrival at a hospital emergency department; 60
98+ f. Seeing for oneself a decedent whose death involved 61
99+grievous bodily harm of a nature that shocks the conscience; 62
100+ g. Directly witnessing a death, including suicide, that 63
101+involved grievous bodily harm of a nature that shocks the 64
102+conscience; 65
103+ h. Directly witnessing a homicide regardless of whether 66
104+the homicide was criminal or excusable, including murder, mass 67
105+killing as defined in 28 U.S.C. s. 530C, manslaughter, self -68
106+defense, misadventure, and negligence; 69
107+ i. Directly witnessing an injury, including an attempted 70
108+suicide, to a person who subsequently died before or upon 71
109+arrival at a hospital emergency department if the p erson was 72
110+injured by grievous bodily harm of a nature that shocks the 73
111+conscience; 74
112+ j. Participating in the physical treatment of an injury, 75
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121121 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
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125-from a complaint filed by the peer support officer who was a 76
126-party to the peer support communication, in which case such 77
127-information may be divulged but is limited to the scope of the 78
128-proceeding; 79
129- (b) The correctional officer or part time correctional 80
130-officer or the correctional probation officer or part -time 81
131-correctional probation officer who was a party to the peer 82
132-support communication agrees, in writing, to allow the peer 83
133-support officer to testify about or divulge information related 84
134-to the peer support communica tion; 85
135- (c) Based on the peer support communication, the peer 86
136-support officer suspects that the correctional officer or part -87
137-time correctional officer or the correctional probation officer 88
138-or part-time correctional probation officer who was a party to 89
139-the peer support communication has committed a criminal act or 90
140-intends to commit a criminal act. There is no liability on the 91
141-part of, and no cause of action of any nature may arise against, 92
142-the peer support officer for disclosing information under this 93
143-paragraph; or 94
144- (d) There are articulable facts or circumstances that 95
145-would lead a reasonable, prudent person to fear for the safety 96
146-of the correctional officer or part -time correctional officer or 97
147-the correctional probation officer or part -time correctional 98
148-probation officer who was a party to the peer support 99
149-communication, another person, or society, and the peer support 100
125+including an attempted suicide, to a person who subsequently 76
126+died before or upon arrival at a hospital emergency de partment 77
127+if the person was injured by grievous bodily harm of a nature 78
128+that shocks the conscience; or 79
129+ k. Manually transporting a person who was injured, 80
130+including by attempted suicide, and subsequently died before or 81
131+upon arrival at a hospital emergency department if the person 82
132+was injured by grievous bodily harm of a nature that shocks the 83
133+conscience. 84
134+ (b) Such disorder must be demonstrated by clear and 85
135+convincing medical evidence. 86
136+ (c) Benefits for a first responder under this subsection: 87
137+ 1. Do not require a physical injury to the first 88
138+responder; and 89
139+ 2. Are not subject to: 90
140+ a. Apportionment due to a preexisting posttraumatic stress 91
141+disorder; 92
142+ b. Any limitation on temporary benefits under s. 440.093; 93
143+or 94
144+ c. The 1-percent limitation on permanent psychiatric 95
145+impairment benefits under s. 440.15(3). 96
146+ (d) The time for notice of injury or death in cases of 97
147+compensable posttraumatic stress disorder under this subsection 98
148+is the same as in s. 440.151(6) and is measured from one of the 99
149+qualifying events listed in subparagraph (a)2. or the 100
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158158 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
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162-officer communicates the information only to a potential victim 101
163-and law enforcement or other appropriate authorities. There is 102
164-no liability on the part of, and no cause of action of any 103
165-nature may arise against, the peer support officer for 104
166-disclosing information under this paragraph. 105
167- (3) This section does not limit the disclosure, discovery, 106
168-or admissibility of information, testimony, or evi dence that is 107
169-obtained by a peer support officer from a source other than a 108
170-correctional officer or part -time correctional officer or a 109
171-correctional probation officer or part -time correctional 110
172-probation officer through a peer support communication. 111
173- Section 2. Subsections (5) and (6) of section 112.1815, 112
174-Florida Statutes, are amended to read: 113
175- 112.1815 Firefighters, paramedics, emergency medical 114
176-technicians, and law enforcement officers; special provisions 115
177-for employment-related accidents and injuries. — 116
178- (5)(a) For the purposes of this section and chapter 440, 117
179-and notwithstanding sub -subparagraph (2)(a)3. and ss. 440.093 118
180-and 440.151(2), posttraumatic stress disorder, as described in 119
181-the Diagnostic and Statistical Manual of Mental Disorders, Fifth 120
182-Edition, published by the American Psychiatric Association, 121
183-suffered by a first responder is a compensable occupational 122
184-disease within the meaning of subsection (4) and s. 440.151 if: 123
185- 1. The posttraumatic stress disorder resulted from the 124
186-first responder actin g within the course of his or her 125
162+manifestation of the disorder, whichever is later. A claim under 101
163+this subsection must be properly noticed within 52 weeks after 102
164+the qualifying event. 103
165+ (e) As used in this subsection, the term: 104
166+ 1. "Directly witnessing" means to see or hear for oneself. 105
167+ 2. "First responder" also includes a part -time law 106
168+enforcement officer as defined in s. 943.10(6) and an auxiliary 107
169+law enforcement officer as defined in s. 943.10(8). 108
170+ 3. "Manually transporting" means to perform physica l labor 109
171+to move the body of a wounded person for his or her safety or 110
172+medical treatment. 111
173+ 4.3. "Minor" has the same meaning as in s. 1.01(13). 112
174+ (f) The Department of Financial Services shall adopt rules 113
175+specifying injuries qualifying as grievous bodily h arm of a 114
176+nature that shocks the conscience for the purposes of this 115
177+subsection. 116
178+ (6) An employing agency of a first responder, including 117
179+volunteer first responders, must provide educational training 118
180+related to mental health awareness, prevention, mitigati on, and 119
181+treatment. As used in this subsection, the term "first 120
182+responder" also includes a part -time law enforcement officer as 121
183+defined in s. 943.10(6) and an auxiliary law enforcement officer 122
184+as defined in s. 943.10(8). 123
185+ Section 2. Section 112.18155, Fl orida Statutes, is created 124
186+to read: 125
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195195 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
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199-employment as provided in s. 440.091; and 126
200- 2. The first responder is examined and subsequently 127
201-diagnosed with such disorder by a licensed psychiatrist who is 128
202-an authorized treating physician as provided in chapter 440 ; and 129
203- 3. The first responder's personal involvement in due to 130
204-one of the following events is documented in a report maintained 131
205-by the employing agency : 132
206- a. Seeing for oneself a deceased minor; 133
207- b. Directly witnessing the death of a minor; 134
208- c. Directly witnessing an injury to a minor who 135
209-subsequently died before or upon arrival at a hospital emergency 136
210-department; 137
211- d. Participating in the physical treatment of an injured 138
212-minor who subsequently died before or upon arrival at a hospital 139
213-emergency department; 140
214- e. Manually transporting an injured minor who subsequently 141
215-died before or upon arrival at a hospital emergency department; 142
216- f. Seeing for oneself a decedent whose death involved 143
217-grievous bodily harm of a nature that shocks the conscience; 144
218- g. Directly witnessing a death, including suicide, that 145
219-involved grievous bodily harm of a nature that shocks the 146
220-conscience; 147
221- h. Directly witnessing a homicide regardless of whether 148
222-the homicide was criminal or excusable, including murder, mass 149
223-killing as defined in 28 U.S.C. s. 530C, manslaughter, self -150
199+ 112.18155 Correctional officers and part -time correctional 126
200+officers; special provisions for posttraumatic stress 127
201+disorders.— 128
202+ (1) As used in this section, the term: 129
203+ (a) "Correctional officer" has the same meaning as in s. 130
204+943.10(2). 131
205+ (b) "Directly witnessing" has the same meaning as in s. 132
206+112.1815(5)(e). 133
207+ (c) "Manually transporting" has the same meaning as in s. 134
208+112.1815(5)(e). 135
209+ (d) "Mass killing" means three or more killings in a 136
210+single incident. 137
211+ (e) "Part-time correctional officer" has the same meaning 138
212+as in s. 943.10(7). 139
213+ (2) For purposes of this section and chapter 440, and 140
214+notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 141
215+disorder, as described in the Diagnostic and Statistical Manual 142
216+of Mental Disorders, Fifth Edition, published by the American 143
217+Psychiatric Association, suffered by a correctional officer or 144
218+part-time correctional officer is a compensable occupational 145
219+disease within the meaning of s. 440.151 if: 146
220+ (a) The posttraumatic stress d isorder resulted from the 147
221+correctional officer or part -time correctional officer acting 148
222+within the course of his or her employment. 149
223+ (b) The correctional officer or part -time correctional 150
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232232 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
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236-defense, misadventure, and negligence; 151
237- i. Directly witnessing an injury, including an attempted 152
238-suicide, to a person who subsequently died before or upon 153
239-arrival at a hospital emergency department if the person was 154
240-injured by grievous bodily harm of a nature that shocks the 155
241-conscience; 156
242- j. Participating in the physical treatment of an injury, 157
243-including an attempted suicide, to a person who subsequently 158
244-died before or upon arrival at a hospital emergency department 159
245-if the person was injured by grievous bodily harm of a nature 160
246-that shocks the conscience; or 161
247- k. Manually transporting a person who was injured, 162
248-including by attempted suicide, and subsequently died before or 163
249-upon arrival at a hospital emergency department if the person 164
250-was injured by grievous bodily harm of a nature that shocks the 165
251-conscience. 166
252- (b) Such disorder must be demonstrated by clear and 167
253-convincing medical evidence. 168
254- (c) Benefits for a first responder under this subsection: 169
255- 1. Do not require a physical injury to the first 170
256-responder; and 171
257- 2. Are not subject to: 172
258- a. Apportionment due to a preexisting posttraumatic stress 173
259-disorder; 174
260- b. Any limitation on temporary benefits under s. 440.093; 175
236+officer is: 151
237+ 1. Examined by a licensed psychiatrist who is an 152
238+authorized treating physician as provided in chapter 440. 153
239+ 2. Diagnosed by the psychiatrist described in subparagraph 154
240+1. as suffering from posttraumatic stress disorder due to one of 155
241+the following events: 156
242+ a. Breaking up a fight between inmates or trying to stop a 157
243+murder or suicide attempt committed by an inmate. 158
244+ b. Being seriously injured, bitten, or beaten by an 159
245+inmate. 160
246+ c. Receiving a threat to himself or herself or to a loved 161
247+one that is made by an inmate or a person known to an inmate. 162
248+ d. Being taken hostage by an inmate or trapped in a life -163
249+threatening situation as a result of an inmate's act. 164
250+ e. Making a life-threatening mistake related to an inmate 165
251+or another correctional officer or part -time correctional 166
252+officer. 167
253+ f. Not preventing, or not being able to prevent, a life -168
254+threatening situation involving an inmate or another 169
255+correctional officer or part -time correctional officer from 170
256+happening. 171
257+ g. Killing or seriously injuring an inmate or another 172
258+correctional officer or part -time correctional officer. 173
259+ h. Directly witnessing an injury, including an injury 174
260+caused by a suicide attempt, to an inmate or another 175
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269269 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
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273-or 176
274- c. The 1-percent limitation on permanent psychiatri c 177
275-impairment benefits under s. 440.15(3). 178
276- (d) The time for notice of injury or death in cases of 179
277-compensable posttraumatic stress disorder under this subsection 180
278-is the same as in s. 440.151(6) and is measured from one of the 181
279-qualifying events listed in subparagraph (a)3. (a)2. or the 182
280-diagnosis manifestation of the disorder, whichever is later. A 183
281-claim under this subsection must be properly noticed within 52 184
282-weeks after the qualifying event or the diagnosis of the 185
283-disorder, whichever is later . 186
284- (e) As used in this subsection, the term: 187
285- 1. "Directly witnessing" means to see or hear for oneself. 188
286- 2. "First responder" includes those persons described in 189
287-subsection (1) and also includes a part -time law enforcement 190
288-officer as defined in s. 943.10(6) and an auxiliary law 191
289-enforcement officer as defined in s. 943.10(8). 192
290- 3. "Manually transporting" means to perform physical labor 193
291-to move the body of a wounded person for his or her safety or 194
292-medical treatment. 195
293- 4.3. "Minor" has the same meaning as in s. 1.01(13). 196
294- (f) The Department of Financial Service s shall adopt rules 197
295-specifying injuries qualifying as grievous bodily harm of a 198
296-nature that shocks the conscience for the purposes of this 199
297-subsection. 200
273+correctional officer or part -time correctional officer who 176
274+subsequently died before or upon arrival at a hospital emergency 177
275+department or was injured by grievous bodily harm of a nature 178
276+that shocks the conscience. 179
277+ i. Participating in the physical treatment of an injury, 180
278+including an injury caused by a suicide attempt, to an inmate or 181
279+another correctional officer or part -time correctional officer 182
280+who subsequently died before or upon arrival at a hospital 183
281+emergency department or was injured by grievous bodily harm of a 184
282+nature that shocks the conscience. 185
283+ j. Manually transporting an inmate or another correctional 186
284+officer or part-time correctional officer who was injured, 187
285+including by a suicide attempt, by grievous bodily harm of a 188
286+nature that shocks the conscience or who subsequently died 189
287+before or upon arrival at a hospital emergency department. 190
288+ k. Directly witnessing a death, including a death by 191
289+suicide, of an inmate or another correctional officer or part -192
290+time correctional officer that involved grievous bodily harm of 193
291+a nature that shocks the conscience. 194
292+ l. Directly witnessing a homicide committed by an inmate 195
293+or another correctional officer or part-time correctional 196
294+officer, regardless of whether the homicide was criminal or 197
295+excusable, including murder, mass killing, manslaughter, self -198
296+defense, misadventure, and negligence. 199
297+ m. Seeing for oneself a decedent whose death involved 200
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306306 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
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310- (6) An employing agency of a first responder, including 201
311-volunteer first responders, must provide at least 1 hour 202
312-annually of educational training related to mental health 203
313-awareness, prevention, mitigation, and treatment. 204
314- (a) The required educational training may be provided in 205
315-person, in video format, or through other electronic means and 206
316-must include evidence-based coping strategies to mitigate 207
317-traumatic stress. The required educational training must also 208
318-include, but is not limited to, peer support programs as the 209
319-term "peer support" is defined in s. 111.09, mental health 210
320-awareness training provided by a licensed mental health 211
321-practitioner who specializes in posttraumatic stress disorder, 212
322-and suicide prevention programs. 213
323- (b) As used in this subsection, the term "first responder" 214
324-includes those persons described in subsection (1) and also 215
325-includes a part-time law enforcement officer as defined in s. 216
326-943.10(6) and an auxiliary law enforcement officer as defined in 217
327-s. 943.10(8). 218
328- Section 3. Section 112.18155, Florida Statutes, is created 219
329-to read: 220
330- 112.18155 Correctional officers and part -time correctional 221
331-officers; special provisions for posttraumatic stress 222
332-disorders.— 223
333- (1) As used in this section, the term: 224
334- (a) "Correctional officer" has the same meaning as in s. 225
310+grievous bodily harm of a nature that shocks the conscience. 201
311+ n. Cleaning up an inmate's cell or other areas of a 202
312+correctional institution after an injury or death, including an 203
313+injury by a suicide attempt or a death by suicide. 204
314+ o. Encountering an inmate who was recently sexually 205
315+assaulted. 206
316+ (3) The posttraumatic stress disorder must be demonstrated 207
317+by clear and convincing medical evidence. 208
318+ (4) Benefits for a correctional officer or part -time 209
319+correctional officer under this section: 210
320+ (a) Do not require a physical injury to the correctional 211
321+officer or part-time correctional officer. 212
322+ (b) Are not subject to any of the following: 213
323+ 1. Apportionment due to a preexisting posttraumatic stress 214
324+disorder. 215
325+ 2. Any limitation on temporary benefits under s. 440.093. 216
326+ 3. The 1-percent limitation on permanent psychiatric 217
327+impairment benefits under s. 440.15(3). 218
328+ (5) The time for notice of injury or death in cases of 219
329+compensable posttraumatic stress disorder under this section is 220
330+the same as in s. 440.151(6) and is measured from one of the 221
331+qualifying events listed in paragraph (2)(b) or the 222
332+manifestation of the disorder, whichever is later. A claim under 223
333+this section must be properly noticed within 52 weeks after the 224
334+qualifying event. 225
335335
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336+HB 425 2022
337337
338338
339339
340340 CODING: Words stricken are deletions; words underlined are additions.
341-hb0425-01-c1
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343343 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
344344
345345
346346
347-943.10(2). 226
348- (b) "Directly witnessing" has the same meaning as in s. 227
349-112.1815(5)(e). 228
350- (c) "Manually transporting" has the same meaning as in s. 229
351-112.1815(5)(e). 230
352- (d) "Mass killing" means three or more killings in a 231
353-single incident. 232
354- (e) "Part-time correctional officer" has the same meaning 233
355-as in s. 943.10(7). 234
356- (2) For purposes of this section and chapter 440, and 235
357-notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 236
358-disorder, as described in the Diagnostic and Statistical Manual 237
359-of Mental Disorders, Fifth Edition, published by the American 238
360-Psychiatric Association, suffered by a correctional officer or 239
361-part-time correctional officer is a compensable occupational 240
362-disease within the meaning of s. 440.151 if: 241
363- (a) The posttraumatic stress disorder resulted from the 242
364-correctional officer or part -time correctional officer acting 243
365-within the course of his or her employment; 244
366- (b) The correctional officer or part -time correctional 245
367-officer is examined and subsequently diagnosed with such 246
368-disorder by a licensed psychiatrist who is an authorized 247
369-treating physician as provided in chapter 44 0; and 248
370- (c) The correctional officer's or part -time correctional 249
371-officer's personal involvement in one of the following events is 250
347+ (6) The Department of Financia l Services shall adopt rules 226
348+specifying injuries qualifying as grievous bodily harm of a 227
349+nature that shocks the conscience for the purposes of this 228
350+section. 229
351+ (7) An employing agency of a correctional officer or part -230
352+time correctional officer must provide educational training 231
353+related to mental health awareness, prevention, mitigation, and 232
354+treatment. 233
355+ Section 3. Section 112.18156, Florida Statutes, is created 234
356+to read: 235
357+ 112.18156 Correctional probation officers and part -time 236
358+correctional probation officers; special provisions for 237
359+posttraumatic stress disorders. — 238
360+ (1) As used in this section, the term: 239
361+ (a) "Correctional probation officer" has the same meaning 240
362+as in s. 943.10(3). 241
363+ (b) "Directly witnessing" has the same meaning as in s. 242
364+112.1815(5)(e). 243
365+ (c) "Manually transporting" has the same meaning as in s. 244
366+112.1815(5)(e). 245
367+ (d) "Mass killing" means three or more killings in a 246
368+single incident. 247
369+ (e) "Part-time correctional probation officer" has the 248
370+same meaning as in s. 943.10(19). 249
371+ (f) "Probationer" means a person who is assigned to a 250
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375375
376376
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378-hb0425-01-c1
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380380 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
381381
382382
383383
384-documented in a report maintained by the employing agency: 251
385- 1. Being seriously injured by an inmate in a manner that 252
386-shocks the conscience. 253
387- 2. Being taken hostage by an inmate or trapped in a life -254
388-threatening situation as a result of an inmate's act. 255
389- 3. Directly witnessing an injury, including an attempted 256
390-suicide, to a person who subsequently dies before or upon 257
391-arrival at a hospital emergency department if the person was 258
392-injured by grievous bodily harm of a nature that shocks the 259
393-conscience. 260
394- 4. Participating in the physical treatment of an injury, 261
395-including an attempted suicide, to a person who subsequently 262
396-dies before or upon arrival at a hospital emergency department 263
397-if the person was injured by grievous bodily harm of a nature 264
398-that shocks the conscience. 265
399- 5. Manually transporting a person who was injured, 266
400-including by attempted suicide, and who subsequently dies befor e 267
401-or upon arrival at a hospital emergency department if the person 268
402-was injured by grievous bodily harm of a nature that shocks the 269
403-conscience. 270
404- 6. Directly witnessing a death, including a death due to 271
405-suicide, of a person who suffered grievous bodily harm of a 272
406-nature that shocks the conscience. 273
407- 7. Directly witnessing a homicide regardless of whether 274
408-the homicide was criminal or excusable, including murder, mass 275
384+correctional probation officer or part -time correctional 251
385+probation officer for supervised custody, surveillance, and 252
386+control. The term includes, but is not limited to, an inmate, a 253
387+parolee, and a community contro llee. 254
388+ (g) "Probationer-related activity" means an unlawful act 255
389+or activity that a probationer or a person known to a 256
390+probationer engages in. 257
391+ (2) For purposes of this section and chapter 440, and 258
392+notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 259
393+disorder, as described in the Diagnostic and Statistical Manual 260
394+of Mental Disorders, Fifth Edition, published by the American 261
395+Psychiatric Association, suffered by a correctional probation 262
396+officer or part-time correctional probation officer is a 263
397+compensable occupational disease within the meaning of s. 264
398+440.151 if: 265
399+ (a) The posttraumatic stress disorder resulted from the 266
400+correctional probation officer or part -time correctional 267
401+probation officer acting within the course of his or her 268
402+employment. 269
403+ (b) The correctional probation officer or part -time 270
404+correctional probation officer is: 271
405+ 1. Examined by a licensed psychiatrist who is an 272
406+authorized treating physician as provided in chapter 440. 273
407+ 2. Diagnosed by the psychiatrist described in subparagraph 274
408+1. as suffering from posttraumatic stress disorder due to one of 275
409409
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417417 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
418418
419419
420420
421-killing, manslaughter, self -defense, misadventure, and 276
422-negligence. 277
423- 8. Seeing for oneself a decedent whose death involved 278
424-grievous bodily harm of a nature that shocks the conscience. 279
425- (3) The posttraumatic stress disorder must be demonstrated 280
426-by clear and convincing medical evidence. 281
427- (4) Benefits for a correctional officer or part -time 282
428-correctional officer under this section: 283
429- (a) Do not require a physical injury to the correctional 284
430-officer or part-time correctional officer. 285
431- (b) Are not subject to any of the following: 286
432- 1. Apportionment due to a preexisting posttraumatic stress 287
433-disorder. 288
434- 2. Any limitation on temporary benefits under s. 440.093. 289
435- 3. The 1-percent limitation on permanent psychiatric 290
436-impairment benefits under s. 440.15(3). 291
437- (5) The time for notice of injury or death in cases of 292
438-compensable posttraumatic stress disorder unde r this section is 293
439-the same as in s. 440.151(6) and is measured from one of the 294
440-qualifying events listed in paragraph (2)(c) or the diagnosis of 295
441-the disorder, whichever is later. A claim under this section 296
442-must be properly noticed within 52 weeks after the qualifying 297
443-event or the diagnosis of the disorder, whichever is later. 298
444- (6) The Department of Financial Services shall adopt rules 299
445-specifying injuries qualifying as grievous bodily harm of a 300
421+the following events: 276
422+ a. Being seriously injured or beaten by a probationer or 277
423+by a person who is known to a probationer or is involved in a 278
424+probationer-related activity. 279
425+ b. Receiving a threat to himself or herself or to a loved 280
426+one that is made by a probationer or a person who is known to a 281
427+probationer or is involved in a probationer -related activity. 282
428+ c. Being taken hostage by a probationer or a person who is 283
429+known to a probationer or is involved in a probationer -related 284
430+activity. 285
431+ d. Being trapped in a life -threatening situation as a 286
432+result of a probationer -related activity. 287
433+ e. Making a life-threatening mistake related to a 288
434+probationer or another person when trying to stop a probatione r-289
435+related activity. 290
436+ f. Not preventing, or not being able to prevent, a life -291
437+threatening situation involving a probationer from happening. 292
438+ g. Killing or seriously injuring a probationer or another 293
439+person as a result of an intervention in a probationer -related 294
440+activity. 295
441+ h. Directly witnessing an injury, including an injury 296
442+caused by a suicide attempt, to a probationer, or an injury 297
443+caused to another person in a probationer -related activity, and 298
444+the probationer or person subsequently died before or upon 299
445+arrival at a hospital emergency department or was injured by 300
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448448
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450450
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452-hb0425-01-c1
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454454 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
455455
456456
457457
458-nature that shocks the conscience for the purposes of this 301
459-section. 302
460- (7) An employing agency of a correctional officer, 303
461-including a part-time correctional officer, must provide at 304
462-least 1 hour annually of educational training related to mental 305
463-health awareness, prevention, mitigation, and treatment. The 306
464-required educational training may be provided in person, in 307
465-video format, or through other electronic means and must include 308
466-evidence-based coping strategies to mitigate traumatic stress. 309
467-The required educational training must also include, but is not 310
468-limited to, peer support programs as the term "peer support" is 311
469-defined in s. 111.095, mental health awareness training provided 312
470-by a licensed mental health practitioner who specializes in 313
471-posttraumatic stress disorder, and suicide prevention programs. 314
472- Section 4. Section 112.18156, Florida Statutes, is created 315
473-to read: 316
474- 112.18156 Correctional probation officers and part -time 317
475-correctional probation officers; special provisions for 318
476-posttraumatic stress disorders. — 319
477- (1) As used in this section, the term: 320
478- (a) "Correctional probation officer" has the same meaning 321
479-as in s. 943.10(3). 322
480- (b) "Directly witnessing" has the same meaning as in s. 323
481-112.1815(5)(e). 324
482- (c) "Manually transporting" has the same meaning as in s. 325
458+grievous bodily harm of a nature that shocks the conscience. 301
459+ i. Participating in the physical treatment of an injury, 302
460+including by a suicide attempt, to a probationer, or an injury 303
461+to another person in a probationer -related activity, and the 304
462+probationer or person subsequently died before or upon arrival 305
463+at a hospital emergency department or was injured by grievous 306
464+bodily harm of a nature that shocks the conscience. 307
465+ j. Manually transporting a p robationer who was injured, 308
466+including by a suicide attempt, or another person who was 309
467+injured in a probationer -related activity, and: 310
468+ (I) The injury was by grievous bodily harm of a nature 311
469+that shocks the conscience; or 312
470+ (II) The probationer or other pe rson subsequently died 313
471+before or upon arrival at a hospital emergency department. 314
472+ k. Directly witnessing a death, including a death by 315
473+suicide, of a probationer or a death of another person in a 316
474+probationer-related activity that involved grievous bodily harm 317
475+of a nature that shocks the conscience. 318
476+ l. Directly witnessing a homicide committed by or against 319
477+a probationer, regardless of whether the homicide was criminal 320
478+or excusable, including murder, mass killing, manslaughter, 321
479+self-defense, misadventure, and negligence. 322
480+ m. Being assigned excessively high caseloads or high 323
481+special caseloads, such as caseloads of probationers who 324
482+recidivate or commit violent crimes. 325
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487487
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489-hb0425-01-c1
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491491 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
492492
493493
494494
495-112.1815(5)(e). 326
496- (d) "Mass killing" means three or more ki llings in a 327
497-single incident. 328
498- (e) "Part-time correctional probation officer" has the 329
499-same meaning as in s. 943.10(19). 330
500- (f) "Probationer" means a person who is assigned to a 331
501-correctional probation officer or part -time correctional 332
502-probation officer for s upervised custody, surveillance, and 333
503-control. The term includes, but is not limited to, an inmate, a 334
504-parolee, and a community controllee. 335
505- (2) For purposes of this section and chapter 440, and 336
506-notwithstanding ss. 440.093 and 440.151(2), posttraumatic stre ss 337
507-disorder, as described in the Diagnostic and Statistical Manual 338
508-of Mental Disorders, Fifth Edition, published by the American 339
509-Psychiatric Association, suffered by a correctional probation 340
510-officer or part-time correctional probation officer is a 341
511-compensable occupational disease within the meaning of s. 342
512-440.151 if: 343
513- (a) The posttraumatic stress disorder resulted from the 344
514-correctional probation officer or part -time correctional 345
515-probation officer acting within the course of his or her 346
516-employment; 347
517- (b) The correctional probation officer or part -time 348
518-correctional probation officer is examined and subsequently 349
519-diagnosed with such disorder by a licensed psychiatrist who is 350
495+ (3) The posttraumatic stress disorder must be demonstrated 326
496+by clear and convincing medical evidence. 327
497+ (4) Benefits for a correctional probation officer or part -328
498+time correctional probation officer under this section: 329
499+ (a) Do not require a physical injury to the correctional 330
500+probation officer or part -time correctional probation officer. 331
501+ (b) Are not subject to any of the following: 332
502+ 1. Apportionment due to a preexisting posttraumatic stress 333
503+disorder. 334
504+ 2. Any limitation on temporary benefits under s. 440.093. 335
505+ 3. The 1-percent limitation on permanent psychiatric 336
506+impairment benefits und er s. 440.15(3). 337
507+ (5) The time for notice of injury or death in cases of 338
508+compensable posttraumatic stress disorder under this section is 339
509+the same as in s. 440.151(6) and is measured from one of the 340
510+qualifying events listed in paragraph (2)(b) or the 341
511+manifestation of the disorder, whichever is later. A claim under 342
512+this section must be properly noticed within 52 weeks after the 343
513+qualifying event. 344
514+ (6) The Department of Financial Services shall adopt rules 345
515+specifying injuries qualifying as grievous bodily har m of a 346
516+nature that shocks the conscience for the purposes of this 347
517+section. 348
518+ (7) An employing agency of a correctional probation 349
519+officer or part-time correctional probation officer must provide 350
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528528 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
529529
530530
531531
532-an authorized treating physician as provided in chapter 440; and 351
533- (c) The correctional p robation officer's or part -time 352
534-correctional probation officer's personal involvement in one of 353
535-the following events is documented in a report maintained by the 354
536-employing agency: 355
537- 1. Being seriously injured by a probationer in a manner 356
538-that shocks the conscience. 357
539- 2. Being taken hostage by a probationer or trapped in a 358
540-life-threatening situation due to the actions of a probationer. 359
541- 3. Receiving a credible threat of great bodily harm or 360
542-death to himself or herself, or to a loved one, that is made by 361
543-a probationer who has the means to carry out the threat or by a 362
544-person who is acting on behalf of a probationer and has the 363
545-means to carry out the threat. 364
546- 4. Making a life-threatening mistake or not preventing a 365
547-life-threatening situation that leads to the d eath or serious 366
548-bodily injury of a probationer, bystander, correctional 367
549-probation officer, or law enforcement officer. 368
550- 5. Directly witnessing an injury or death, including an 369
551-injury or death due to an attempted suicide or suicide, of a 370
552-probationer who suffered grievous bodily harm of a nature that 371
553-shocks the conscience. 372
554- 6. Participating in the physical treatment of a 373
555-probationer's injury, including an injury due to an attempted 374
556-suicide, if the probationer dies before or upon arrival at a 375
532+educational training related to mental health awareness, 351
533+prevention, mitigation, and treatment. 352
534+ Section 4. Paragraph (a) of subsection (1) of section 353
535+111.09, Florida Statutes, is amended to read: 354
536+ 111.09 Peer support for first responders. — 355
537+ (1) For purposes of this section, the term: 356
538+ (a) "First responder" has the same meaning as provided in 357
539+s. 112.1815(1) s. 112.1815 and includes 911 public safety 358
540+telecommunicators as defined in s. 401.465. 359
541+ Section 5. Paragraph (d) of subsection (3) of section 360
542+119.071, Florida Statutes, is amended to read: 361
543+ 119.071 General exemptions from inspection or copying of 362
544+public records.— 363
545+ (3) SECURITY AND FIRESAFETY. — 364
546+ (d)1. Information relating to the Nationwide Public Safety 365
547+Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 366
548+seq., held by an agency is confid ential and exempt from s. 367
549+119.07(1) and s. 24(a), Art. I of the State Constitution if 368
550+release of such information would reveal: 369
551+ a. The design, development, construction, deployment, and 370
552+operation of network facilities; 371
553+ b. Network coverage, including ge ographical maps 372
554+indicating actual or proposed locations of network 373
555+infrastructure or facilities; 374
556+ c. The features, functions, and capabilities of network 375
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563-hb0425-01-c1
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565565 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
566566
567567
568568
569-hospital emergency department and the probationer was injured by 376
570-grievous bodily harm of a nature that shocks the conscience. 377
571- 7. Manually transporting a probationer who was injured, 378
572-including by attempted suicide, if the probationer dies before 379
573-or upon arrival at a hospital emergency department and the 380
574-probationer was injured by grievous bodily harm of a nature that 381
575-shocks the conscience. 382
576- 8. Directly witnessing a homicide committed by or against 383
577-a probationer, regardless of whether the homicide was criminal 384
578-or excusable, including murder, mass killing, manslaughter, 385
579-self-defense, misadventure, and negligence. 386
580- (3) The posttraumatic stress disorder must be demonstrated 387
581-by clear and convincing medical evidence. 388
582- (4) Benefits for a correctional probation officer or part-389
583-time correctional probation officer under this section: 390
584- (a) Do not require a physical injury to the correctional 391
585-probation officer or part -time correctional probation officer. 392
586- (b) Are not subject to any of the following: 393
587- 1. Apportionment due to a preexisting posttraumatic stress 394
588-disorder. 395
589- 2. Any limitation on temporary benefits under s. 440.093. 396
590- 3. The 1-percent limitation on permanent psychiatric 397
591-impairment benefits under s. 440.15(3). 398
592- (5) The time for notice of injury or death in cases of 399
593-compensable posttraumatic stress disorder under this section is 400
569+infrastructure and facilities; 376
570+ d. The features, functions, and capabilities of network 377
571+services provided to first responders, as defined in s. 378
572+112.1815(1) s. 112.1815, and other network users; 379
573+ e. The design, features, functions, and capabilities of 380
574+network devices provided to first responders and other network 381
575+users; or 382
576+ f. Security, including cybers ecurity, of the design, 383
577+construction, and operation of the network and associated 384
578+services and products. 385
579+ 2. This paragraph is subject to the Open Government Sunset 386
580+Review Act in accordance with s. 119.15 and shall stand repealed 387
581+on October 2, 2023, unles s reviewed and saved from repeal 388
582+through reenactment by the Legislature. 389
583+ Section 6. Subsection (4) of section 627.659, Florida 390
584+Statutes, is amended to read: 391
585+ 627.659 Blanket health insurance; eligible groups. —Blanket 392
586+health insurance is that form of h ealth insurance which covers 393
587+special groups of individuals as enumerated in one of the 394
588+following subsections: 395
589+ (4) Under a policy or contract issued in the name of a 396
590+volunteer fire department, first aid group, local emergency 397
591+management agency as defined in s. 252.34(6), or other group of 398
592+first responders as defined in s. 112.1815(1) s. 112.1815, which 399
593+is deemed the policyholder, covering all or any grouping of the 400
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602602 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
603603
604604
605605
606-the same as in s. 440.151(6) and is measured from one of the 401
607-qualifying events listed in paragraph (2)(c) or the diagnosis of 402
608-the disorder, whichever is later. A claim under this section 403
609-must be properly noticed within 52 weeks after the qualifying 404
610-event or the diagnosis of the disorder, whichever is later. 405
611- (6) The Department of Financial Services shall adopt rules 406
612-specifying injuries qualifying as grievous bodily harm of a 407
613-nature that shocks the conscience for the purposes of this 408
614-section. 409
615- (7) An employing agency of a correctional probation 410
616-officer, including a part -time correctional probation officer, 411
617-must provide at least 1 hour annually of educational training 412
618-related to mental healt h awareness, prevention, mitigation, and 413
619-treatment. The required educational training may be provided in 414
620-person, in video format, or through other electronic means and 415
621-must include evidence -based coping strategies to mitigate 416
622-traumatic stress. The required educational training must also 417
623-include, but is not limited to, peer support programs as the 418
624-term "peer support" is defined in s. 111.095, mental health 419
625-awareness training provided by a licensed mental health 420
626-practitioner who specializes in posttraumatic s tress disorder, 421
627-and suicide prevention programs. 422
628- Section 5. Paragraph (a) of subsection (1) of section 423
629-111.09, Florida Statutes, is amended to read: 424
630- 111.09 Peer support for first responders. — 425
631-
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639-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
640-
641-
642-
643- (1) For purposes of this section, the term: 426
644- (a) "First responder" has the same meaning as provided in 427
645-s. 112.1815(5)(e) s. 112.1815 and includes 911 public safety 428
646-telecommunicators as defined in s. 401.465. 429
647- Section 6. Paragraph (d) of subsection (3) of section 430
648-119.071, Florida Statutes, is amended to read : 431
649- 119.071 General exemptions from inspection or copying of 432
650-public records.— 433
651- (3) SECURITY AND FIRESAFETY. — 434
652- (d)1. Information relating to the Nationwide Public Safety 435
653-Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 436
654-seq., held by an agen cy is confidential and exempt from s. 437
655-119.07(1) and s. 24(a), Art. I of the State Constitution if 438
656-release of such information would reveal: 439
657- a. The design, development, construction, deployment, and 440
658-operation of network facilities; 441
659- b. Network coverage, including geographical maps 442
660-indicating actual or proposed locations of network 443
661-infrastructure or facilities; 444
662- c. The features, functions, and capabilities of network 445
663-infrastructure and facilities; 446
664- d. The features, functions, and capabilities of network 447
665-services provided to first responders, as defined in s. 448
666-112.1815(1) s. 112.1815, and other network users; 449
667- e. The design, features, functions, and capabilities of 450
668-
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671-
672-
673-CODING: Words stricken are deletions; words underlined are additions.
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676-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
677-
678-
679-
680-network devices provided to first responders and other network 451
681-users; or 452
682- f. Security, including cybersecurity, of the design, 453
683-construction, and operation of the network and associated 454
684-services and products. 455
685- 2. This paragraph is subject to the Open Government Sunset 456
686-Review Act in accordance with s. 119.15 and shall stand repealed 457
687-on October 2, 2023, unless reviewed and saved from repeal 458
688-through reenactment by the Legislature. 459
689- Section 7. Subsection (4) of section 627.659, Florida 460
690-Statutes, is amended to read: 461
691- 627.659 Blanket health insurance; eligible groups. —Blanket 462
692-health insurance is that form of health insurance which covers 463
693-special groups of individuals as enumerated in one of the 464
694-following subsections: 465
695- (4) Under a policy or contract issued in the name of a 466
696-volunteer fire department, first aid group, local emergency 467
697-management agency as defined in s. 252.34(6), or other group of 468
698-first responders as defined in s. 112.1815(1) s. 112.1815, which 469
699-is deemed the policyholder, covering all or any grouping of the 470
700-members or employees of the policyholder or covering all or any 471
701-participants in an activity or operation sponsored or supervised 472
702-by the policyholder. 473
703- Section 8. The Legislature determines and declares that 474
704-this act fulfills an important state interest. 475
705-
706-CS/HB 425 2022
707-
708-
709-
710-CODING: Words stricken are deletions; words underlined are additions.
711-hb0425-01-c1
712-Page 20 of 20
713-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
714-
715-
716-
717- Section 9. This act shall take effect July 1, 2022. 476
606+members or employees of the policyholder or covering all or any 401
607+participants in an activity or operation sponsored or supervised 402
608+by the policyholder. 403
609+ Section 7. The Legislature determines and declares that 404
610+this act fulfills an important state interest. 405
611+ Section 8. This act shall take effect July 1, 2022. 406