Florida Senate - 2022 SB 664 By Senator Bradley 5-00715-22 2022664__ 1 A bill to be entitled 2 An act relating to posttraumatic stress disorder 3 workers compensation for law enforcement, 4 correctional, and correctional probation officers; 5 amending s. 112.1815, F.S.; defining the term first 6 responder for the purposes of including part-time and 7 auxiliary law enforcement officers for workers 8 compensation benefits for posttraumatic stress 9 disorder and for educational training related to 10 mental health; creating ss. 112.18155 and 112.18156, 11 F.S.; defining terms; providing that, under certain 12 circumstances, posttraumatic stress disorder suffered 13 by correctional officers and part-time correctional 14 officers and by correctional probation officers and 15 part-time correctional probation officers, 16 respectively, is an occupational disease compensable 17 by workers compensation benefits; specifying the 18 evidentiary standard for demonstrating such disorder; 19 specifying that benefits do not require a physical 20 injury and are not subject to certain apportionment or 21 limitations; providing a time for notice of injury or 22 death; requiring the Department of Financial Services 23 to adopt certain rules; requiring an employing agency 24 to provide specified mental health training; amending 25 ss. 111.09, 119.071, and 627.659, F.S.; revising 26 cross-references; providing a declaration of important 27 state interest; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Subsections (5) and (6) of section 112.1815, 32 Florida Statutes, are amended to read: 33 112.1815Firefighters, paramedics, emergency medical 34 technicians, and law enforcement officers; special provisions 35 for employment-related accidents and injuries and posttraumatic 36 stress disorder. 37 (5)(a)For the purposes of this section and chapter 440, 38 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093 39 and 440.151(2), posttraumatic stress disorder, as described in 40 the Diagnostic and Statistical Manual of Mental Disorders, Fifth 41 Edition, published by the American Psychiatric Association, 42 suffered by a first responder is a compensable occupational 43 disease within the meaning of subsection (4) and s. 440.151 if: 44 1.The posttraumatic stress disorder resulted from the 45 first responder acting within the course of his or her 46 employment as provided in s. 440.091; and 47 2.The first responder is examined and subsequently 48 diagnosed with such disorder by a licensed psychiatrist who is 49 an authorized treating physician as provided in chapter 440 due 50 to one of the following events: 51 a.Seeing for oneself a deceased minor; 52 b.Directly witnessing the death of a minor; 53 c.Directly witnessing an injury to a minor who 54 subsequently died before or upon arrival at a hospital emergency 55 department; 56 d.Participating in the physical treatment of an injured 57 minor who subsequently died before or upon arrival at a hospital 58 emergency department; 59 e.Manually transporting an injured minor who subsequently 60 died before or upon arrival at a hospital emergency department; 61 f.Seeing for oneself a decedent whose death involved 62 grievous bodily harm of a nature that shocks the conscience; 63 g.Directly witnessing a death, including suicide, that 64 involved grievous bodily harm of a nature that shocks the 65 conscience; 66 h.Directly witnessing a homicide regardless of whether the 67 homicide was criminal or excusable, including murder, mass 68 killing as defined in 28 U.S.C. s. 530C, manslaughter, self 69 defense, misadventure, and negligence; 70 i.Directly witnessing an injury, including an attempted 71 suicide, to a person who subsequently died before or upon 72 arrival at a hospital emergency department if the person was 73 injured by grievous bodily harm of a nature that shocks the 74 conscience; 75 j.Participating in the physical treatment of an injury, 76 including an attempted suicide, to a person who subsequently 77 died before or upon arrival at a hospital emergency department 78 if the person was injured by grievous bodily harm of a nature 79 that shocks the conscience; or 80 k.Manually transporting a person who was injured, 81 including by attempted suicide, and subsequently died before or 82 upon arrival at a hospital emergency department if the person 83 was injured by grievous bodily harm of a nature that shocks the 84 conscience. 85 (b)Such disorder must be demonstrated by clear and 86 convincing medical evidence. 87 (c)Benefits for a first responder under this subsection: 88 1.Do not require a physical injury to the first responder; 89 and 90 2.Are not subject to: 91 a.Apportionment due to a preexisting posttraumatic stress 92 disorder; 93 b.Any limitation on temporary benefits under s. 440.093; 94 or 95 c.The 1-percent limitation on permanent psychiatric 96 impairment benefits under s. 440.15(3). 97 (d)The time for notice of injury or death in cases of 98 compensable posttraumatic stress disorder under this subsection 99 is the same as in s. 440.151(6) and is measured from one of the 100 qualifying events listed in subparagraph (a)2. or the 101 manifestation of the disorder, whichever is later. A claim under 102 this subsection must be properly noticed within 52 weeks after 103 the qualifying event. 104 (e)As used in this subsection, the term: 105 1.Directly witnessing means to see or hear for oneself. 106 2.First responder also includes a part-time law 107 enforcement officer as defined in s. 943.10(6) and an auxiliary 108 law enforcement officer as defined in s. 943.10(8). 109 3.Manually transporting means to perform physical labor 110 to move the body of a wounded person for his or her safety or 111 medical treatment. 112 4.3.Minor has the same meaning as in s. 1.01(13). 113 (f)The Department of Financial Services shall adopt rules 114 specifying injuries qualifying as grievous bodily harm of a 115 nature that shocks the conscience for the purposes of this 116 subsection. 117 (6)An employing agency of a first responder, including 118 volunteer first responders, must provide educational training 119 related to mental health awareness, prevention, mitigation, and 120 treatment. As used in this subsection, the term first 121 responder also includes a part-time law enforcement officer as 122 defined in s. 943.10(6) and an auxiliary law enforcement officer 123 as defined in s. 943.10(8). 124 Section 2.Section 112.18155, Florida Statutes, is created 125 to read: 126 112.18155Correctional officers and part-time correctional 127 officers; special provisions for posttraumatic stress disorder. 128 (1)As used in this section, the term: 129 (a)Correctional officer has the same meaning as in s. 130 943.10(2). 131 (b)Directly witnessing has the same meaning as in s. 132 112.1815(5)(e). 133 (c)Manually transporting has the same meaning as in s. 134 112.1815(5)(e). 135 (d)Mass killing means three or more killings in a single 136 incident. 137 (e)Part-time correctional officer has the same meaning 138 as in s. 943.10(7). 139 (2)For purposes of this section and chapter 440, and 140 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 141 disorder, as described in the Diagnostic and Statistical Manual 142 of Mental Disorders, Fifth Edition, published by the American 143 Psychiatric Association, suffered by a correctional officer or 144 part-time correctional officer is a compensable occupational 145 disease within the meaning of s. 440.151 if: 146 (a)The posttraumatic stress disorder resulted from the 147 correctional officer or part-time correctional officer acting 148 within the course of his or her employment. 149 (b)The correctional officer or part-time correctional 150 officer is: 151 1.Examined by a licensed psychiatrist who is an authorized 152 treating physician as provided in chapter 440. 153 2.Diagnosed by the psychiatrist described in subparagraph 154 1. as suffering from posttraumatic stress disorder due to one of 155 the following events: 156 a.Breaking up a fight between inmates or trying to stop a 157 murder or suicide attempt committed by an inmate. 158 b.Being seriously injured, bitten, or beaten by an inmate. 159 c.Receiving a threat to himself or herself or to a loved 160 one which is made by an inmate or a person known to an inmate. 161 d.Being taken hostage by an inmate or trapped in a life 162 threatening situation as a result of an inmates act. 163 e.Making a life-threatening mistake related to an inmate 164 or another correctional officer or part-time correctional 165 officer. 166 f.Not preventing, or not being able to prevent, a life 167 threatening situation involving an inmate or another 168 correctional officer or part-time correctional officer from 169 happening. 170 g.Killing or seriously injuring an inmate or another 171 correctional officer or part-time correctional officer. 172 h.Directly witnessing an injury, including an injury 173 caused by a suicide attempt, to an inmate or another 174 correctional officer or part-time correctional officer who 175 subsequently died before or upon arrival at a hospital emergency 176 department or was injured by grievous bodily harm of a nature 177 that shocks the conscience. 178 i.Participating in the physical treatment of an injury, 179 including an injury caused by a suicide attempt, to an inmate or 180 another correctional officer or part-time correctional officer 181 who subsequently died before or upon arrival at a hospital 182 emergency department or was injured by grievous bodily harm of a 183 nature that shocks the conscience. 184 j.Manually transporting an inmate or another correctional 185 officer or part-time correctional officer who was injured, 186 including by a suicide attempt, by grievous bodily harm of a 187 nature that shocks the conscience or who subsequently died 188 before or upon arrival at a hospital emergency department. 189 k.Directly witnessing a death, including a death by 190 suicide, of an inmate or another correctional officer or part 191 time correctional officer which involved grievous bodily harm of 192 a nature that shocks the conscience. 193 l.Directly witnessing a homicide committed by an inmate or 194 another correctional officer or part-time correctional officer, 195 regardless of whether the homicide was criminal or excusable, 196 including murder, mass killing, manslaughter, self-defense, 197 misadventure, and negligence. 198 m.Seeing for oneself a decedent whose death involved 199 grievous bodily harm of a nature that shocks the conscience. 200 n.Cleaning up an inmates cell or other areas of a 201 correctional institution after an injury or a death, including 202 an injury by a suicide attempt or a death by suicide. 203 o.Encountering an inmate who was recently sexually 204 assaulted. 205 (3)The posttraumatic stress disorder must be demonstrated 206 by clear and convincing medical evidence. 207 (4)Benefits for a correctional officer or part-time 208 correctional officer under this section: 209 (a)Do not require a physical injury to the correctional 210 officer or part-time correctional officer. 211 (b)Are not subject to any of the following: 212 1.Apportionment due to a preexisting posttraumatic stress 213 disorder. 214 2.Any limitation on temporary benefits under s. 440.093. 215 3.The 1-percent limitation on permanent psychiatric 216 impairment benefits under s. 440.15(3). 217 (5)The time for notice of injury or death in cases of 218 compensable posttraumatic stress disorder under this section is 219 the same as in s. 440.151(6) and is measured from one of the 220 qualifying events listed in paragraph (2)(b) or the 221 manifestation of the disorder, whichever is later. A claim under 222 this section must be properly noticed within 52 weeks after the 223 qualifying event. 224 (6)The Department of Financial Services shall adopt rules 225 specifying injuries qualifying as grievous bodily harm of a 226 nature that shocks the conscience for the purposes of this 227 section. 228 (7)An employing agency of a correctional officer or part 229 time correctional officer must provide educational training 230 related to mental health awareness, prevention, mitigation, and 231 treatment. 232 Section 3.Section 112.18156, Florida Statutes, is created 233 to read: 234 112.18156Correctional probation officers and part-time 235 correctional probation officers; special provisions for 236 posttraumatic stress disorder. 237 (1)As used in this section, the term: 238 (a)Correctional probation officer has the same meaning 239 as in s. 943.10(3). 240 (b)Directly witnessing has the same meaning as in s. 241 112.1815(5)(e). 242 (c)Manually transporting has the same meaning as in s. 243 112.1815(5)(e). 244 (d)Mass killing means three or more killings in a single 245 incident. 246 (e)Part-time correctional probation officer has the same 247 meaning as in s. 943.10(19). 248 (f)Probationer means a person assigned to a correctional 249 probation officer or part-time correctional probation officer 250 for supervised custody, surveillance, and control. The term 251 includes, but is not limited to, an inmate, a parolee, and a 252 community controllee. 253 (g)Probationer-related activity means an unlawful act or 254 activity that a probationer or a person known to a probationer 255 engages in. 256 (2)For purposes of this section and chapter 440, and 257 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 258 disorder, as described in the Diagnostic and Statistical Manual 259 of Mental Disorders, Fifth Edition, published by the American 260 Psychiatric Association, suffered by a correctional probation 261 officer or part-time correctional probation officer is a 262 compensable occupational disease within the meaning of s. 263 440.151 if: 264 (a)The posttraumatic stress disorder resulted from the 265 correctional probation officer or part-time correctional 266 probation officer acting within the course of his or her 267 employment. 268 (b)The correctional probation officer or part-time 269 correctional probation officer is: 270 1.Examined by a licensed psychiatrist who is an authorized 271 treating physician as provided in chapter 440. 272 2.Diagnosed by the psychiatrist described in subparagraph 273 1. as suffering from posttraumatic stress disorder due to one of 274 the following events: 275 a.Being seriously injured or beaten by a probationer or by 276 a person known to a probationer or involved in a probationer 277 related activity. 278 b.Receiving a threat to himself or herself or to a loved 279 one which is made by a probationer or a person known to a 280 probationer or involved in a probationer-related activity. 281 c.Being taken hostage by a probationer or a person known 282 to a probationer or involved in a probationer-related activity. 283 d.Being trapped in a life-threatening situation as the 284 result of a probationer-related activity. 285 e.Making a life-threatening mistake related to a 286 probationer or another person when trying to stop a probationer 287 related activity. 288 f.Not preventing, or not being able to prevent, a life 289 threatening situation involving a probationer from happening. 290 g.Killing or seriously injuring a probationer or another 291 person as a result of an intervention in a probationer-related 292 activity. 293 h.Directly witnessing an injury, including an injury 294 caused by a suicide attempt, to a probationer, or an injury 295 caused to another person in a probationer-related activity, and 296 the probationer or person subsequently died before or upon 297 arrival at a hospital emergency department or was injured by 298 grievous bodily harm of a nature that shocks the conscience. 299 i.Participating in the physical treatment of an injury, 300 including by a suicide attempt, to a probationer, or an injury 301 to another person in a probationer-related activity, and the 302 probationer or person subsequently died before or upon arrival 303 at a hospital emergency department or was injured by grievous 304 bodily harm of a nature that shocks the conscience. 305 j.Manually transporting a probationer who was injured, 306 including by a suicide attempt, or another person who was 307 injured in a probationer-related activity, and: 308 (I)The injury was by grievous bodily harm of a nature that 309 shocks the conscience; or 310 (II)The probationer or other person subsequently died 311 before or upon arrival at a hospital emergency department. 312 k.Directly witnessing a death, including a death by 313 suicide, of a probationer or a death of another person in a 314 probationer-related activity which involved grievous bodily harm 315 of a nature that shocks the conscience. 316 l.Directly witnessing a homicide committed by or against a 317 probationer, regardless of whether the homicide was criminal or 318 excusable, including murder, mass killing, manslaughter, self 319 defense, misadventure, and negligence. 320 m.Being assigned excessively high caseloads or high 321 special caseloads, such as caseloads of probationers who 322 recidivate or commit violent crimes. 323 (3)The posttraumatic stress disorder must be demonstrated 324 by clear and convincing medical evidence. 325 (4)Benefits for a correctional probation officer or part 326 time correctional probation officer under this section: 327 (a)Do not require a physical injury to the correctional 328 probation officer or part-time correctional probation officer. 329 (b)Are not subject to any of the following: 330 1.Apportionment due to a preexisting posttraumatic stress 331 disorder. 332 2.Any limitation on temporary benefits under s. 440.093. 333 3.The 1-percent limitation on permanent psychiatric 334 impairment benefits under s. 440.15(3). 335 (5)The time for notice of injury or death in cases of 336 compensable posttraumatic stress disorder under this section is 337 the same as in s. 440.151(6) and is measured from one of the 338 qualifying events listed in paragraph (2)(b) or the 339 manifestation of the disorder, whichever is later. A claim under 340 this section must be properly noticed within 52 weeks after the 341 qualifying event. 342 (6)The Department of Financial Services shall adopt rules 343 specifying injuries qualifying as grievous bodily harm of a 344 nature that shocks the conscience for the purposes of this 345 section. 346 (7)An employing agency of a correctional probation officer 347 or part-time correctional probation officer must provide 348 educational training related to mental health awareness, 349 prevention, mitigation, and treatment. 350 Section 4.Paragraph (a) of subsection (1) of section 351 111.09, Florida Statutes, is amended to read: 352 111.09Peer support for first responders. 353 (1)For purposes of this section, the term: 354 (a)First responder has the same meaning as provided in 355 s. 112.1815(1) s. 112.1815 and includes 911 public safety 356 telecommunicators as defined in s. 401.465. 357 Section 5.Paragraph (d) of subsection (3) of section 358 119.071, Florida Statutes, is amended to read: 359 119.071General exemptions from inspection or copying of 360 public records. 361 (3)SECURITY AND FIRESAFETY. 362 (d)1.Information relating to the Nationwide Public Safety 363 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 364 seq., held by an agency is confidential and exempt from s. 365 119.07(1) and s. 24(a), Art. I of the State Constitution if 366 release of such information would reveal: 367 a.The design, development, construction, deployment, and 368 operation of network facilities; 369 b.Network coverage, including geographical maps indicating 370 actual or proposed locations of network infrastructure or 371 facilities; 372 c.The features, functions, and capabilities of network 373 infrastructure and facilities; 374 d.The features, functions, and capabilities of network 375 services provided to first responders, as defined in s. 376 112.1815(1) s. 112.1815, and other network users; 377 e.The design, features, functions, and capabilities of 378 network devices provided to first responders and other network 379 users; or 380 f.Security, including cybersecurity, of the design, 381 construction, and operation of the network and associated 382 services and products. 383 2.This paragraph is subject to the Open Government Sunset 384 Review Act in accordance with s. 119.15 and shall stand repealed 385 on October 2, 2023, unless reviewed and saved from repeal 386 through reenactment by the Legislature. 387 Section 6.Subsection (4) of section 627.659, Florida 388 Statutes, is amended to read: 389 627.659Blanket health insurance; eligible groups.Blanket 390 health insurance is that form of health insurance which covers 391 special groups of individuals as enumerated in one of the 392 following subsections: 393 (4)Under a policy or contract issued in the name of a 394 volunteer fire department, first aid group, local emergency 395 management agency as defined in s. 252.34(6), or other group of 396 first responders as defined in s. 112.1815(1) s. 112.1815, which 397 is deemed the policyholder, covering all or any grouping of the 398 members or employees of the policyholder or covering all or any 399 participants in an activity or operation sponsored or supervised 400 by the policyholder. 401 Section 7.The Legislature determines and declares that 402 this act fulfills an important state interest. 403 Section 8.This act shall take effect July 1, 2022.