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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
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 20
effective dates. 21
22
Be It Enacted by the Legislature of the State of Florida: 23
24
Section 1. Effective October 1, 2022, paragraph (d) of 25
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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
subsection (5) of section 112.1815, Florida Statutes, is amended 26
to read: 27
112.1815 Firefighters , paramedics, emergency medical 28
technicians, and law enforcement officers; special provisions 29
for employment-related accidents and injuries. — 30
(5) 31
(d) The time for notice of injury or death in cases of 32
compensable posttraumatic stress disorder under this subsection 33
is the same as in s. 440.151(6) and is measured from one of the 34
qualifying events listed in subparagraph (a)2. or the diagnosis 35
manifestation of the disorder, whichever is later. A claim under 36
this subsection must be properly noticed within 52 weeks after 37
the qualifying event or the diagnosis of the disorder, whichever 38
is later. 39
Section 2. Section 112.18155, Florida Statutes, is created 40
to read: 41
112.18155 Correctional officers; special provisions for 42
posttraumatic stress disorders. — 43
(1) As used in this section, the term: 44
(a) "Correctional officer" has the same meaning as in s. 45
943.10(2). 46
(b) "Directly witnessing" has the same meaning as in s. 47
112.1815(5)(e). 48
(c) "Manually transporting" has the same meaning as in s. 49
112.1815(5)(e). 50
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(d) "Mass killing" means three or more killings in a 51
single incident. 52
(2) For purposes of this section and chapter 440, and 53
notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 54
disorder, as described in the Diagnostic and Statistical Manual 55
of Mental Disorders, Fifth Edition, published by the American 56
Psychiatric Association, suffered by a correctional officer is a 57
compensable occupational disease within the meaning of s. 58
440.151 if both of the following apply: 59
(a) The posttraumatic stress disorder resulted from the 60
correctional officer acting within the course of his or her 61
employment as provided in s. 440.091. 62
(b) The correctional officer is examined and subsequently 63
diagnosed with such disorder by a licensed psychiatrist who is 64
an authorized treating physician as provided in chapter 440 due 65
to one of the following events: 66
1. Being taken hostage by an inmate or trapped in a life -67
threatening situation as a result of an inmate's act; 68
2. Directly witnessing a death, including a death due to 69
suicide, of a person who suffered grievous bodily harm of a 70
nature that shocks the conscience; 71
3. Directly witnessing an injury, including an attempted 72
suicide, to a person who subsequently dies before or upon 73
arrival at a hospital emergency departme nt if the person was 74
injured by grievous bodily harm of a nature that shocks the 75
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conscience; 76
4. Participating in the physical treatment of an injury, 77
or manually transporting a person who was injured, including by 78
attempted suicide, who subsequently dies before or upon arrival 79
at a hospital emergency department if the person was injured by 80
grievous bodily harm of a nature that shocks the conscience; 81
5. Directly witnessing a homicide regardless of whether 82
the homicide was criminal or excusable, including murder, mass 83
killing, manslaughter, self -defense, misadventure, and 84
negligence; or 85
6. Seeing for oneself a decedent whose death involved 86
grievous bodily harm of a nature that shocks the conscience. 87
(3) The posttraumatic stress disorder must be demonst rated 88
by clear and convincing medical evidence. 89
(4) Benefits for a correctional officer under this 90
section: 91
(a) Do not require a physical injury to the correctional 92
officer. 93
(b) Are not subject to any of the following: 94
1. Apportionment due to a preexisting posttraumatic stress 95
disorder. 96
2. Any limitation on temporary benefits under s. 440.093. 97
3. The 1-percent limitation on permanent psychiatric 98
impairment benefits under s. 440.15(3). 99
(5) The time for notice of in jury or death in cases of 100
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compensable posttraumatic stress disorder under this section is 101
the same as in s. 440.151(6) and is measured from one of the 102
qualifying events listed in paragraph (2)(b) or the diagnosis of 103
the disorder, whichever is later. A clai m under this section 104
must be properly noticed within 52 weeks after the qualifying 105
event or the diagnosis of the disorder, whichever is later. 106
(6) An employing agency of a correctional officer must 107
provide educational training related to mental health aw areness, 108
prevention, mitigation, and treatment. 109
(7) The Department of Financial Services shall adopt rules 110
specifying injuries qualifying as grievous bodily harm of a 111
nature that shocks the conscience for the purposes of this 112
section. 113
Section 3. The Legislature determines and declares that 114
this act fulfills an important state interest. 115
Section 4. Except as otherwise expressly provided in this 116
act, this act shall take effect July 1, 2022. 117