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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
benefits and peer support programs for law 3
enforcement, correctional, and correctional probation 4
officers; creating s. 111.095, F.S.; providing 5
definitions; prohibiting peer support officers from 6
divulging certain information or testifying about 7
certain communication; providing exceptions; providing 8
construction; amending s. 112.1815, F.S.; requiring 9
documentation of first responders' personal 10
involvement in specified events in order for the first 11
responders to qualify for posttraumatic stress 12
disorder benefits; revising the timeframes for notices 13
of injury or death and notices of claims in cases of 14
compensable posttraumatic stress disorder for first 15
responders; defining the term "first responder" to 16
include part-time and auxiliary law enforcement 17
officers for the purpose of posttraumatic stress 18
disorder benefits; specifying requirements for certain 19
educational training; creating ss. 112.18155 and 20
112.18156, F.S.; providing definitions; providing 21
special provisions for posttraumatic stress disorder 22
for correctional officers and part -time correctional 23
officers and for correctional probation officers and 24
part-time correctional probation officers, 25
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respectively; requiring the Department of Financial 26
Services to adopt rules; requiring certain employing 27
agencies to provide specified educational training; 28
amending ss. 111.09, 119.071, and 627.659, F.S.; 29
conforming provisions to changes made by the act; 30
providing a declaration of important state interest; 31
providing an effective date. 32
33
Be It Enacted by the Legislature of the State of Florida: 34
35
Section 1. Section 111.095, Florida Statutes, is created 36
to read: 37
111.095 Peer support for correctional officers and 38
correctional probation officers. — 39
(1) As used in this section, the term: 40
(a) "Correctional officer" has the same meaning as in s. 41
943.10(2). 42
(b) "Correctional probation officer" has the same meaning 43
as in s. 943.10(3). 44
(c) "Part-time correctional officer" has the same meaning 45
as in s. 943.10(7). 46
(d) "Part-time correctional probation officer" has the 47
same meaning as in s. 943.10(19). 48
(e) "Peer support" means the provision of physical, moral, 49
or emotional support to a correctional officer or part -time 50
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correctional officer or to a correctional probatio n officer or 51
part-time correctional probation officer for the purpose of 52
addressing physical or emotional conditions or other issues 53
associated with being a correctional officer or part -time 54
correctional officer or a correctional probation officer or 55
part-time correctional probation officer. 56
(f) "Peer support communication" means electronic, oral, 57
or written communication, made with a mutual expectation of 58
confidentiality while a peer support officer is providing peer 59
support in his or her official capaci ty. 60
(g) "Peer support officer" means a person who: 61
1. Has experience working as or with a correctional 62
officer or a correctional probation officer regarding any 63
physical or emotional conditions or other issues associated with 64
the officer's employment. 65
2. Has been designated by the employing agency to provide 66
peer support as provided in this section and has received 67
training for this purpose. 68
(2) A peer support officer may not divulge information 69
from or testify about a peer support communication in a civil, 70
criminal, administrative, or disciplinary proceeding, unless: 71
(a) The correctional officer or part -time correctional 72
officer peer or the correctional probation officer or part -time 73
correctional probation officer peer is a defendant in a civil, 74
criminal, administrative, or disciplinary proceeding arising 75
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from a complaint filed by the peer support officer who was a 76
party to the peer support communication, in which case such 77
information may be divulged but is limited to the scope of the 78
proceeding; 79
(b) The correctional officer or part time correctional 80
officer or the correctional probation officer or part -time 81
correctional probation officer who was a party to the peer 82
support communication agrees, in writing, to allow the peer 83
support officer to testify about or divulge information related 84
to the peer support communica tion; 85
(c) Based on the peer support communication, the peer 86
support officer suspects that the correctional officer or part -87
time correctional officer or the correctional probation officer 88
or part-time correctional probation officer who was a party to 89
the peer support communication has committed a criminal act or 90
intends to commit a criminal act. There is no liability on the 91
part of, and no cause of action of any nature may arise against, 92
the peer support officer for disclosing information under this 93
paragraph; or 94
(d) There are articulable facts or circumstances that 95
would lead a reasonable, prudent person to fear for the safety 96
of the correctional officer or part -time correctional officer or 97
the correctional probation officer or part -time correctional 98
probation officer who was a party to the peer support 99
communication, another person, or society, and the peer support 100
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officer communicates the information only to a potential victim 101
and law enforcement or other appropriate authorities. There is 102
no liability on the part of, and no cause of action of any 103
nature may arise against, the peer support officer for 104
disclosing information under this paragraph. 105
(3) This section does not limit the disclosure, discovery, 106
or admissibility of information, testimony, or evi dence that is 107
obtained by a peer support officer from a source other than a 108
correctional officer or part -time correctional officer or a 109
correctional probation officer or part -time correctional 110
probation officer through a peer support communication. 111
Section 2. Subsections (5) and (6) of section 112.1815, 112
Florida Statutes, are amended to read: 113
112.1815 Firefighters, paramedics, emergency medical 114
technicians, and law enforcement officers; special provisions 115
for employment-related accidents and injuries. — 116
(5)(a) For the purposes of this section and chapter 440, 117
and notwithstanding sub -subparagraph (2)(a)3. and ss. 440.093 118
and 440.151(2), posttraumatic stress disorder, as described in 119
the Diagnostic and Statistical Manual of Mental Disorders, Fifth 120
Edition, published by the American Psychiatric Association, 121
suffered by a first responder is a compensable occupational 122
disease within the meaning of subsection (4) and s. 440.151 if: 123
1. The posttraumatic stress disorder resulted from the 124
first responder actin g within the course of his or her 125
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employment as provided in s. 440.091; and 126
2. The first responder is examined and subsequently 127
diagnosed with such disorder by a licensed psychiatrist who is 128
an authorized treating physician as provided in chapter 440 ; and 129
3. The first responder's personal involvement in due to 130
one of the following events is documented in a report maintained 131
by the employing agency : 132
a. Seeing for oneself a deceased minor; 133
b. Directly witnessing the death of a minor; 134
c. Directly witnessing an injury to a minor who 135
subsequently died before or upon arrival at a hospital emergency 136
department; 137
d. Participating in the physical treatment of an injured 138
minor who subsequently died before or upon arrival at a hospital 139
emergency department; 140
e. Manually transporting an injured minor who subsequently 141
died before or upon arrival at a hospital emergency department; 142
f. Seeing for oneself a decedent whose death involved 143
grievous bodily harm of a nature that shocks the conscience; 144
g. Directly witnessing a death, including suicide, that 145
involved grievous bodily harm of a nature that shocks the 146
conscience; 147
h. Directly witnessing a homicide regardless of whether 148
the homicide was criminal or excusable, including murder, mass 149
killing as defined in 28 U.S.C. s. 530C, manslaughter, self -150
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defense, misadventure, and negligence; 151
i. Directly witnessing an injury, including an attempted 152
suicide, to a person who subsequently died before or upon 153
arrival at a hospital emergency department if the person was 154
injured by grievous bodily harm of a nature that shocks the 155
conscience; 156
j. Participating in the physical treatment of an injury, 157
including an attempted suicide, to a person who subsequently 158
died before or upon arrival at a hospital emergency department 159
if the person was injured by grievous bodily harm of a nature 160
that shocks the conscience; or 161
k. Manually transporting a person who was injured, 162
including by attempted suicide, and subsequently died before or 163
upon arrival at a hospital emergency department if the person 164
was injured by grievous bodily harm of a nature that shocks the 165
conscience. 166
(b) Such disorder must be demonstrated by clear and 167
convincing medical evidence. 168
(c) Benefits for a first responder under this subsection: 169
1. Do not require a physical injury to the first 170
responder; and 171
2. Are not subject to: 172
a. Apportionment due to a preexisting posttraumatic stress 173
disorder; 174
b. Any limitation on temporary benefits under s. 440.093; 175
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or 176
c. The 1-percent limitation on permanent psychiatri c 177
impairment benefits under s. 440.15(3). 178
(d) The time for notice of injury or death in cases of 179
compensable posttraumatic stress disorder under this subsection 180
is the same as in s. 440.151(6) and is measured from one of the 181
qualifying events listed in subparagraph (a)3. (a)2. or the 182
diagnosis manifestation of the disorder, whichever is later. A 183
claim under this subsection must be properly noticed within 52 184
weeks after the qualifying event or the diagnosis of the 185
disorder, whichever is later . 186
(e) As used in this subsection, the term: 187
1. "Directly witnessing" means to see or hear for oneself. 188
2. "First responder" includes those persons described in 189
subsection (1) and also includes a part -time law enforcement 190
officer as defined in s. 943.10(6) and an auxiliary law 191
enforcement officer as defined in s. 943.10(8). 192
3. "Manually transporting" means to perform physical labor 193
to move the body of a wounded person for his or her safety or 194
medical treatment. 195
4.3. "Minor" has the same meaning as in s. 1.01(13). 196
(f) The Department of Financial Service s shall adopt rules 197
specifying injuries qualifying as grievous bodily harm of a 198
nature that shocks the conscience for the purposes of this 199
subsection. 200
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(6) An employing agency of a first responder, including 201
volunteer first responders, must provide at least 1 hour 202
annually of educational training related to mental health 203
awareness, prevention, mitigation, and treatment. 204
(a) The required educational training may be provided in 205
person, in video format, or through other electronic means and 206
must include evidence-based coping strategies to mitigate 207
traumatic stress. The required educational training must also 208
include, but is not limited to, peer support programs as the 209
term "peer support" is defined in s. 111.09, mental health 210
awareness training provided by a licensed mental health 211
practitioner who specializes in posttraumatic stress disorder, 212
and suicide prevention programs. 213
(b) As used in this subsection, the term "first responder" 214
includes those persons described in subsection (1) and also 215
includes a part-time law enforcement officer as defined in s. 216
943.10(6) and an auxiliary law enforcement officer as defined in 217
s. 943.10(8). 218
Section 3. Section 112.18155, Florida Statutes, is created 219
to read: 220
112.18155 Correctional officers and part -time correctional 221
officers; special provisions for posttraumatic stress 222
disorders.— 223
(1) As used in this section, the term: 224
(a) "Correctional officer" has the same meaning as in s. 225
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943.10(2). 226
(b) "Directly witnessing" has the same meaning as in s. 227
112.1815(5)(e). 228
(c) "Manually transporting" has the same meaning as in s. 229
112.1815(5)(e). 230
(d) "Mass killing" means three or more killings in a 231
single incident. 232
(e) "Part-time correctional officer" has the same meaning 233
as in s. 943.10(7). 234
(2) For purposes of this section and chapter 440, and 235
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 236
disorder, as described in the Diagnostic and Statistical Manual 237
of Mental Disorders, Fifth Edition, published by the American 238
Psychiatric Association, suffered by a correctional officer or 239
part-time correctional officer is a compensable occupational 240
disease within the meaning of s. 440.151 if: 241
(a) The posttraumatic stress disorder resulted from the 242
correctional officer or part -time correctional officer acting 243
within the course of his or her employment; 244
(b) The correctional officer or part -time correctional 245
officer is examined and subsequently diagnosed with such 246
disorder by a licensed psychiatrist who is an authorized 247
treating physician as provided in chapter 44 0; and 248
(c) The correctional officer's or part -time correctional 249
officer's personal involvement in one of the following events is 250
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documented in a report maintained by the employing agency: 251
1. Being seriously injured by an inmate in a manner that 252
shocks the conscience. 253
2. Being taken hostage by an inmate or trapped in a life -254
threatening situation as a result of an inmate's act. 255
3. Directly witnessing an injury, including an attempted 256
suicide, to a person who subsequently dies before or upon 257
arrival at a hospital emergency department if the person was 258
injured by grievous bodily harm of a nature that shocks the 259
conscience. 260
4. Participating in the physical treatment of an injury, 261
including an attempted suicide, to a person who subsequently 262
dies before or upon arrival at a hospital emergency department 263
if the person was injured by grievous bodily harm of a nature 264
that shocks the conscience. 265
5. Manually transporting a person who was injured, 266
including by attempted suicide, and who subsequently dies befor e 267
or upon arrival at a hospital emergency department if the person 268
was injured by grievous bodily harm of a nature that shocks the 269
conscience. 270
6. Directly witnessing a death, including a death due to 271
suicide, of a person who suffered grievous bodily harm of a 272
nature that shocks the conscience. 273
7. Directly witnessing a homicide regardless of whether 274
the homicide was criminal or excusable, including murder, mass 275
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killing, manslaughter, self -defense, misadventure, and 276
negligence. 277
8. Seeing for oneself a decedent whose death involved 278
grievous bodily harm of a nature that shocks the conscience. 279
(3) The posttraumatic stress disorder must be demonstrated 280
by clear and convincing medical evidence. 281
(4) Benefits for a correctional officer or part -time 282
correctional officer under this section: 283
(a) Do not require a physical injury to the correctional 284
officer or part-time correctional officer. 285
(b) Are not subject to any of the following: 286
1. Apportionment due to a preexisting posttraumatic stress 287
disorder. 288
2. Any limitation on temporary benefits under s. 440.093. 289
3. The 1-percent limitation on permanent psychiatric 290
impairment benefits under s. 440.15(3). 291
(5) The time for notice of injury or death in cases of 292
compensable posttraumatic stress disorder unde r this section is 293
the same as in s. 440.151(6) and is measured from one of the 294
qualifying events listed in paragraph (2)(c) or the diagnosis of 295
the disorder, whichever is later. A claim under this section 296
must be properly noticed within 52 weeks after the qualifying 297
event or the diagnosis of the disorder, whichever is later. 298
(6) The Department of Financial Services shall adopt rules 299
specifying injuries qualifying as grievous bodily harm of a 300
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nature that shocks the conscience for the purposes of this 301
section. 302
(7) An employing agency of a correctional officer, 303
including a part-time correctional officer, must provide at 304
least 1 hour annually of educational training related to mental 305
health awareness, prevention, mitigation, and treatment. The 306
required educational training may be provided in person, in 307
video format, or through other electronic means and must include 308
evidence-based coping strategies to mitigate traumatic stress. 309
The required educational training must also include, but is not 310
limited to, peer support programs as the term "peer support" is 311
defined in s. 111.095, mental health awareness training provided 312
by a licensed mental health practitioner who specializes in 313
posttraumatic stress disorder, and suicide prevention programs. 314
Section 4. Section 112.18156, Florida Statutes, is created 315
to read: 316
112.18156 Correctional probation officers and part -time 317
correctional probation officers; special provisions for 318
posttraumatic stress disorders. — 319
(1) As used in this section, the term: 320
(a) "Correctional probation officer" has the same meaning 321
as in s. 943.10(3). 322
(b) "Directly witnessing" has the same meaning as in s. 323
112.1815(5)(e). 324
(c) "Manually transporting" has the same meaning as in s. 325
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112.1815(5)(e). 326
(d) "Mass killing" means three or more ki llings in a 327
single incident. 328
(e) "Part-time correctional probation officer" has the 329
same meaning as in s. 943.10(19). 330
(f) "Probationer" means a person who is assigned to a 331
correctional probation officer or part -time correctional 332
probation officer for s upervised custody, surveillance, and 333
control. The term includes, but is not limited to, an inmate, a 334
parolee, and a community controllee. 335
(2) For purposes of this section and chapter 440, and 336
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stre ss 337
disorder, as described in the Diagnostic and Statistical Manual 338
of Mental Disorders, Fifth Edition, published by the American 339
Psychiatric Association, suffered by a correctional probation 340
officer or part-time correctional probation officer is a 341
compensable occupational disease within the meaning of s. 342
440.151 if: 343
(a) The posttraumatic stress disorder resulted from the 344
correctional probation officer or part -time correctional 345
probation officer acting within the course of his or her 346
employment; 347
(b) The correctional probation officer or part -time 348
correctional probation officer is examined and subsequently 349
diagnosed with such disorder by a licensed psychiatrist who is 350
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an authorized treating physician as provided in chapter 440; and 351
(c) The correctional p robation officer's or part -time 352
correctional probation officer's personal involvement in one of 353
the following events is documented in a report maintained by the 354
employing agency: 355
1. Being seriously injured by a probationer in a manner 356
that shocks the conscience. 357
2. Being taken hostage by a probationer or trapped in a 358
life-threatening situation due to the actions of a probationer. 359
3. Receiving a credible threat of great bodily harm or 360
death to himself or herself, or to a loved one, that is made by 361
a probationer who has the means to carry out the threat or by a 362
person who is acting on behalf of a probationer and has the 363
means to carry out the threat. 364
4. Making a life-threatening mistake or not preventing a 365
life-threatening situation that leads to the d eath or serious 366
bodily injury of a probationer, bystander, correctional 367
probation officer, or law enforcement officer. 368
5. Directly witnessing an injury or death, including an 369
injury or death due to an attempted suicide or suicide, of a 370
probationer who suffered grievous bodily harm of a nature that 371
shocks the conscience. 372
6. Participating in the physical treatment of a 373
probationer's injury, including an injury due to an attempted 374
suicide, if the probationer dies before or upon arrival at a 375
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hospital emergency department and the probationer was injured by 376
grievous bodily harm of a nature that shocks the conscience. 377
7. Manually transporting a probationer who was injured, 378
including by attempted suicide, if the probationer dies before 379
or upon arrival at a hospital emergency department and the 380
probationer was injured by grievous bodily harm of a nature that 381
shocks the conscience. 382
8. Directly witnessing a homicide committed by or against 383
a probationer, regardless of whether the homicide was criminal 384
or excusable, including murder, mass killing, manslaughter, 385
self-defense, misadventure, and negligence. 386
(3) The posttraumatic stress disorder must be demonstrated 387
by clear and convincing medical evidence. 388
(4) Benefits for a correctional probation officer or part-389
time correctional probation officer under this section: 390
(a) Do not require a physical injury to the correctional 391
probation officer or part -time correctional probation officer. 392
(b) Are not subject to any of the following: 393
1. Apportionment due to a preexisting posttraumatic stress 394
disorder. 395
2. Any limitation on temporary benefits under s. 440.093. 396
3. The 1-percent limitation on permanent psychiatric 397
impairment benefits under s. 440.15(3). 398
(5) The time for notice of injury or death in cases of 399
compensable posttraumatic stress disorder under this section is 400
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the same as in s. 440.151(6) and is measured from one of the 401
qualifying events listed in paragraph (2)(c) or the diagnosis of 402
the disorder, whichever is later. A claim under this section 403
must be properly noticed within 52 weeks after the qualifying 404
event or the diagnosis of the disorder, whichever is later. 405
(6) The Department of Financial Services shall adopt rules 406
specifying injuries qualifying as grievous bodily harm of a 407
nature that shocks the conscience for the purposes of this 408
section. 409
(7) An employing agency of a correctional probation 410
officer, including a part -time correctional probation officer, 411
must provide at least 1 hour annually of educational training 412
related to mental healt h awareness, prevention, mitigation, and 413
treatment. The required educational training may be provided in 414
person, in video format, or through other electronic means and 415
must include evidence -based coping strategies to mitigate 416
traumatic stress. The required educational training must also 417
include, but is not limited to, peer support programs as the 418
term "peer support" is defined in s. 111.095, mental health 419
awareness training provided by a licensed mental health 420
practitioner who specializes in posttraumatic s tress disorder, 421
and suicide prevention programs. 422
Section 5. Paragraph (a) of subsection (1) of section 423
111.09, Florida Statutes, is amended to read: 424
111.09 Peer support for first responders. — 425
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(1) For purposes of this section, the term: 426
(a) "First responder" has the same meaning as provided in 427
s. 112.1815(5)(e) s. 112.1815 and includes 911 public safety 428
telecommunicators as defined in s. 401.465. 429
Section 6. Paragraph (d) of subsection (3) of section 430
119.071, Florida Statutes, is amended to read : 431
119.071 General exemptions from inspection or copying of 432
public records.— 433
(3) SECURITY AND FIRESAFETY. — 434
(d)1. Information relating to the Nationwide Public Safety 435
Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 436
seq., held by an agen cy is confidential and exempt from s. 437
119.07(1) and s. 24(a), Art. I of the State Constitution if 438
release of such information would reveal: 439
a. The design, development, construction, deployment, and 440
operation of network facilities; 441
b. Network coverage, including geographical maps 442
indicating actual or proposed locations of network 443
infrastructure or facilities; 444
c. The features, functions, and capabilities of network 445
infrastructure and facilities; 446
d. The features, functions, and capabilities of network 447
services provided to first responders, as defined in s. 448
112.1815(1) s. 112.1815, and other network users; 449
e. The design, features, functions, and capabilities of 450
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network devices provided to first responders and other network 451
users; or 452
f. Security, including cybersecurity, of the design, 453
construction, and operation of the network and associated 454
services and products. 455
2. This paragraph is subject to the Open Government Sunset 456
Review Act in accordance with s. 119.15 and shall stand repealed 457
on October 2, 2023, unless reviewed and saved from repeal 458
through reenactment by the Legislature. 459
Section 7. Subsection (4) of section 627.659, Florida 460
Statutes, is amended to read: 461
627.659 Blanket health insurance; eligible groups. —Blanket 462
health insurance is that form of health insurance which covers 463
special groups of individuals as enumerated in one of the 464
following subsections: 465
(4) Under a policy or contract issued in the name of a 466
volunteer fire department, first aid group, local emergency 467
management agency as defined in s. 252.34(6), or other group of 468
first responders as defined in s. 112.1815(1) s. 112.1815, which 469
is deemed the policyholder, covering all or any grouping of the 470
members or employees of the policyholder or covering all or any 471
participants in an activity or operation sponsored or supervised 472
by the policyholder. 473
Section 8. The Legislature determines and declares that 474
this act fulfills an important state interest. 475
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Section 9. This act shall take effect July 1, 2022. 476