CS/HB 689 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0689-01-c1
Page 1 of 5
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 workers' compensation benefits for 2
posttraumatic stress disorder; amending s. 112.1815, 3
F.S.; providing that the time for specified notice in 4
certain cases is measured from the time of the 5
qualifying event or the diagnosis of the disorder, 6
rather than the manifestation of the disorder, 7
whichever is later; creating s. 112.18155, F.S.; 8
providing definitions; providing that posttraumatic 9
stress disorder suffered by a correctional officer is 10
a compensable occupational disease under certain 11
circumstances; providing a standard of proof; 12
providing requirements for benefits offered to a 13
correctional officer for posttraumatic stress 14
disorder; specifying w hen a claim for posttraumatic 15
stress disorder must be noticed; requiring certain 16
employing agencies to provide certain educational 17
training; requiring the Department of Financial 18
Services to adopt rules; declaring that the act 19
fulfills an important state i nterest; providing an 20
effective date. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Paragraph (d) of subsection (5) of section 25
CS/HB 689 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0689-01-c1
Page 2 of 5
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
112.1815, Florida Statutes, is amended to read: 26
112.1815 Firefighters, paramedics, emergency m edical 27
technicians, and law enforcement officers; special provisions 28
for employment-related accidents and injuries. — 29
(5) 30
(d) The time for notice of injury or death in cases of 31
compensable posttraumatic stress disorder under this subsection 32
is the same as in s. 440.151(6) and is measured from one of the 33
qualifying events listed in subparagraph (a)2. or the diagnosis 34
manifestation of the disorder, whichever is later. A claim under 35
this subsection must be properly noticed within 52 weeks after 36
the qualifying event or the diagnosis of the disorder, whichever 37
is later. 38
Section 2. Section 112.18155, Florida Statutes, is created 39
to read: 40
112.18155 Correctional officers; special provisions for 41
posttraumatic stress disorders. — 42
(1) As used in this section, the term: 43
(a) "Correctional officer" has the same meaning as in s. 44
943.10(2). 45
(b) "Directly witnessing" has the same meaning as in s. 46
112.1815(5)(e). 47
(c) "Manually transporting" has the same meaning as in s. 48
112.1815(5)(e). 49
(d) "Mass killing" means three or more killings in a 50
CS/HB 689 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0689-01-c1
Page 3 of 5
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
single incident. 51
(2) For purposes of this section and chapter 440, and 52
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 53
disorder, as described in the Diagnostic and Statistical Manual 54
of Mental Disorders, Fifth Edition, published by the American 55
Psychiatric Association, suffered by a correctional officer is a 56
compensable occupational disease within the meaning of s. 57
440.151 if both of the following apply: 58
(a) The posttraumatic stress disorder resulted from the 59
correctional officer acting within the course of his or her 60
employment as provided in s. 440.091. 61
(b) The correctional officer is examined and subsequently 62
diagnosed with such disorder by a licensed psychiatrist who is 63
an authorized treating physician as provided in chapter 440 due 64
to one of the following events: 65
1. Being taken hostage by an inmate or trapped in a life -66
threatening situation as a result of an inmate's act; 67
2. Directly witnessing a death, including a death due to 68
suicide, of a person who suffered grievous bodily harm of a 69
nature that shocks the conscience; 70
3. Directly witnessing an injury, including an attempted 71
suicide, to a person who subsequently dies before or upon 72
arrival at a hospital emergency departme nt if the person was 73
injured by grievous bodily harm of a nature that shocks the 74
conscience; 75
CS/HB 689 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0689-01-c1
Page 4 of 5
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
4. Participating in the physical treatment of an injury, 76
or manually transporting a person who was injured, including by 77
attempted suicide, who subsequently dies before or upon arrival 78
at a hospital emergency department if the person was injured by 79
grievous bodily harm of a nature that shocks the conscience; 80
5. Directly witnessing a homicide regardless of whether 81
the homicide was criminal or excusable, including murder, mass 82
killing, manslaughter, self -defense, misadventure, and 83
negligence; or 84
6. Seeing for oneself a decedent whose death involved 85
grievous bodily harm of a nature that shocks the conscience. 86
(3) The posttraumatic stress disorder must be demonst rated 87
by clear and convincing medical evidence. 88
(4) Benefits for a correctional officer under this 89
section: 90
(a) Do not require a physical injury to the correctional 91
officer. 92
(b) Are not subject to any of the following: 93
1. Apportionment due to a pre existing posttraumatic stress 94
disorder. 95
2. Any limitation on temporary benefits under s. 440.093. 96
3. The 1-percent limitation on permanent psychiatric 97
impairment benefits under s. 440.15(3). 98
(5) The time for notice of injury or death in cases of 99
compensable posttraumatic stress disorder under this section is 100
CS/HB 689 2022
CODING: Words stricken are deletions; words underlined are additions.
hb0689-01-c1
Page 5 of 5
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 same as in s. 440.151(6) and is measured from one of the 101
qualifying events listed in paragraph (2)(b) or the diagnosis of 102
the disorder, whichever is later. A claim under this section 103
must be properly noticed within 52 weeks after the qualifying 104
event or the diagnosis of the disorder, whichever is later. 105
(6) An employing agency of a correctional officer must 106
provide educational training related to mental health awareness, 107
prevention, mitigatio n, and treatment. 108
(7) The Department of Financial Services shall adopt rules 109
specifying injuries qualifying as grievous bodily harm of a 110
nature that shocks the conscience for the purposes of this 111
section. 112
Section 3. The Legislature determines and declares that 113
this act fulfills an important state interest. 114
Section 4. This act shall take effect July 1, 2022. 115