Florida 2022 Regular Session

Florida House Bill H0689 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/HB 689, Engrossed 1 2022 ~~Legislature~~
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	3	+	CS/HB 689, Engrossed 1 2022
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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10	10		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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14		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to workers' compensation benefits for 2
16	16		posttraumatic stress disorder; amending s. 112.1815, 3
17	17		F.S.; providing that the time for specified notice in 4
18	18		certain cases is measured from the time of the 5
19	19		qualifying event or the diagnosis of the disorder, 6
20	20		rather than the manifestation of the disorder, 7
21	21		whichever is later; creating s. 112.18155, F.S.; 8
22	22		providing definitions; providing that posttraumatic 9
23	23		stress disorder suffered by a correctional officer is 10
24	24		a compensable occupational disease under certain 11
25	25		circumstances; providing a standard of proof; 12
26	26		providing requirements for benefits offered to a 13
27	27		correctional officer for posttraumatic stress 14
28	28		disorder; specifying w hen a claim for posttraumatic 15
29	29		stress disorder must be noticed; requiring certain 16
30	30		employing agencies to provide certain educational 17
31	31		training; requiring the Department of Financial 18
32	32		Services to adopt rules; declaring that the act 19
33	33		fulfills an important state i nterest; providing 20
34	34		effective dates. 21
35	35		22
36	36		Be It Enacted by the Legislature of the State of Florida: 23
37	37		24
38	38		Section 1. Effective October 1, 2022, paragraph (d) of 25
39		-	~~ENROLLED~~
40		-	CS/HB 689, Engrossed 1 2022 ~~Legislature~~
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	40	+	CS/HB 689, Engrossed 1 2022
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47	47		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	51		subsection (5) of section 112.1815, Florida Statutes, is amended 26
52	52		to read: 27
53	53		112.1815 Firefighters , paramedics, emergency medical 28
54	54		technicians, and law enforcement officers; special provisions 29
55	55		for employment-related accidents and injuries. — 30
56	56		(5) 31
57	57		(d) The time for notice of injury or death in cases of 32
58	58		compensable posttraumatic stress disorder under this subsection 33
59	59		is the same as in s. 440.151(6) and is measured from one of the 34
60	60		qualifying events listed in subparagraph (a)2. or the diagnosis 35
61	61		manifestation of the disorder, whichever is later. A claim under 36
62	62		this subsection must be properly noticed within 52 weeks after 37
63	63		the qualifying event or the diagnosis of the disorder, whichever 38
64	64		is later. 39
65	65		Section 2. Section 112.18155, Florida Statutes, is created 40
66	66		to read: 41
67	67		112.18155 Correctional officers; special provisions for 42
68	68		posttraumatic stress disorders. — 43
69	69		(1) As used in this section, the term: 44
70	70		(a) "Correctional officer" has the same meaning as in s. 45
71	71		943.10(2). 46
72	72		(b) "Directly witnessing" has the same meaning as in s. 47
73	73		112.1815(5)(e). 48
74	74		(c) "Manually transporting" has the same meaning as in s. 49
75	75		112.1815(5)(e). 50
76		-	~~ENROLLED~~
77		-	CS/HB 689, Engrossed 1 2022 ~~Legislature~~
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	77	+	CS/HB 689, Engrossed 1 2022
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88	88		(d) "Mass killing" means three or more killings in a 51
89	89		single incident. 52
90	90		(2) For purposes of this section and chapter 440, and 53
91	91		notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 54
92	92		disorder, as described in the Diagnostic and Statistical Manual 55
93	93		of Mental Disorders, Fifth Edition, published by the American 56
94	94		Psychiatric Association, suffered by a correctional officer is a 57
95	95		compensable occupational disease within the meaning of s. 58
96	96		440.151 if both of the following apply: 59
97	97		(a) The posttraumatic stress disorder resulted from the 60
98	98		correctional officer acting within the course of his or her 61
99	99		employment as provided in s. 440.091. 62
100	100		(b) The correctional officer is examined and subsequently 63
101	101		diagnosed with such disorder by a licensed psychiatrist who is 64
102	102		an authorized treating physician as provided in chapter 440 due 65
103	103		to one of the following events: 66
104	104		1. Being taken hostage by an inmate or trapped in a life -67
105	105		threatening situation as a result of an inmate's act; 68
106	106		2. Directly witnessing a death, including a death due to 69
107	107		suicide, of a person who suffered grievous bodily harm of a 70
108	108		nature that shocks the conscience; 71
109	109		3. Directly witnessing an injury, including an attempted 72
110	110		suicide, to a person who subsequently dies before or upon 73
111	111		arrival at a hospital emergency departme nt if the person was 74
112	112		injured by grievous bodily harm of a nature that shocks the 75
113		-	~~ENROLLED~~
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	114	+	CS/HB 689, Engrossed 1 2022
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121	121		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	125		conscience; 76
126	126		4. Participating in the physical treatment of an injury, 77
127	127		or manually transporting a person who was injured, including by 78
128	128		attempted suicide, who subsequently dies before or upon arrival 79
129	129		at a hospital emergency department if the person was injured by 80
130	130		grievous bodily harm of a nature that shocks the conscience; 81
131	131		5. Directly witnessing a homicide regardless of whether 82
132	132		the homicide was criminal or excusable, including murder, mass 83
133	133		killing, manslaughter, self -defense, misadventure, and 84
134	134		negligence; or 85
135	135		6. Seeing for oneself a decedent whose death involved 86
136	136		grievous bodily harm of a nature that shocks the conscience. 87
137	137		(3) The posttraumatic stress disorder must be demonst rated 88
138	138		by clear and convincing medical evidence. 89
139	139		(4) Benefits for a correctional officer under this 90
140	140		section: 91
141	141		(a) Do not require a physical injury to the correctional 92
142	142		officer. 93
143	143		(b) Are not subject to any of the following: 94
144	144		1. Apportionment due to a preexisting posttraumatic stress 95
145	145		disorder. 96
146	146		2. Any limitation on temporary benefits under s. 440.093. 97
147	147		3. The 1-percent limitation on permanent psychiatric 98
148	148		impairment benefits under s. 440.15(3). 99
149	149		(5) The time for notice of injury or death in cases of 100
150		-	~~ENROLLED~~
151		-	CS/HB 689, Engrossed 1 2022 ~~Legislature~~
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	151	+	CS/HB 689, Engrossed 1 2022
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162	162		compensable posttraumatic stress disorder under this section is 101
163	163		the same as in s. 440.151(6) and is measured from one of the 102
164	164		qualifying events listed in paragraph (2)(b) or the diagnosis of 103
165	165		the disorder, whichever is later. A claim under this section 104
166	166		must be properly noticed within 52 weeks after the qualifying 105
167	167		event or the diagnosis of the disorder, whichever is later. 106
168	168		(6) An employing agency of a correctional officer must 107
169	169		provide educational training related to mental health awareness, 108
170	170		prevention, mitigation, and treatment. 109
171	171		(7) The Department of Financial Services shall adopt rules 110
172	172		specifying injuries qualifying as grievous bodily harm of a 111
173	173		nature that shocks the conscience for the purposes of this 112
174	174		section. 113
175	175		Section 3. The Legislature determines and declares that 114
176	176		this act fulfills an important state interest. 115
177	177		Section 4. Except as otherwise expressly provided in this 116
178	178		act, this act shall take effect July 1, 2022. 117