Florida 2022 2022 Regular Session

Florida Senate Bill S0664 Analysis / Analysis

Filed 02/03/2022

                    The Florida Senate 
BILL ANALYSIS AND FISCAL IMPACT STATEMENT 
(This document is based on the provisions contained in the legislation as of the latest date listed below.) 
Prepared By: The Professional Staff of the Committee on Banking and Insurance  
 
BILL: CS/SB 664 
INTRODUCER:  Banking and Insurance Committee and Senator Bradley and others 
SUBJECT:  Posttraumatic Stress Disorder Workers’ Compensation for Law Enforcement, 
Correctional, and Correctional Probation Officers 
DATE: February 3, 2022 
 
 ANALYST STAFF DIRECTOR  REFERENCE  	ACTION 
1. Johnson Knudson BI  Fav/CS 
2.     AEG   
3.     AP  
 
Please see Section IX. for Additional Information: 
COMMITTEE SUBSTITUTE - Substantial Changes 
 
I. Summary: 
CS/SB 664 revises the current definition of first responders, for purposes of workers’ 
compensation coverage for posttraumatic stress disorder (PTSD) benefits, to include part-time 
law enforcement officers and auxiliary law enforcement officers.  
 
Further, CS/SB 664 provides workers’ compensation indemnity benefits in specified 
circumstances for posttraumatic stress disorder (PTSD) suffered by a correctional officer 
regardless of whether the individual’s PTSD is accompanied by a physical injury requiring 
medical treatment. CS/SB 664 provides that PTSD is a compensable occupational disease for a 
correctional officer (CO) if the PTSD resulted from a CO acting within the course and scope of 
employment. Additionally, an authorized treating psychiatrist must examine and diagnose the 
CO as having PTSD due to experiencing at least one of the delineated qualifying events. 
 
The Division of Risk Management of the Department of Financial Services (DFS) estimates that 
the state Risk Management Trust Fund could potentially pay as much as $8.4 million - $16.8 
million over the first three years of the bill becoming law, and DFS expects this amount would 
grow exponentially over time. The DFS anticipates an additional Workers’ Compensation 
Specialist may be needed at a recurring cost of $70,991 and non-recurring of $4,591. 
 
The bill would have an indeterminate negative fiscal impact on local governments. 
REVISED:   BILL: CS/SB 664   	Page 2 
 
II. Present Situation: 
Post-Traumatic Stress Disorder (PTSD) 
The American Psychiatric Association (APA) provides diagnostic criteria for mental disorders, 
including posttraumatic stress disorder (PTSD), in its Diagnostic and Statistical Manual of 
Mental Disorders, Fifth Edition (DSM-5). PTSD is a psychiatric disorder that can occur in 
people who have experienced or witnessed a traumatic event such as a natural disaster, a serious 
accident, a terrorist act, war, combat, rape, or who have been threatened with death, sexual 
violence or serious injury.
1
 
 
Diagnosis 
A diagnosis of PTSD requires exposure to an upsetting traumatic event.
2
 Symptoms fall into the 
following four categories: intrusion, avoidance, alterations in cognition and mood, and 
alterations in arousal and reactivity.
3
 In order to diagnose a person with PTSD, symptoms must 
last for more than a month and must cause significant distress or problems in the individual’s 
daily functioning.
4
 
 
Prevalence Rates 
The exact prevalence rate for PTSD is difficult to ascertain. About 15 million adults will have 
PTSD during a given year.
5
 About 8 percent of females develop PTSD during their lives 
compared with about 4 percent of males.
6
 Approximately 6–7 percent of the adult population in 
the United States will have PTSD at some point during their lifetime.
7
 Among the U.S. military 
veteran population, the prevalence variance in studies has ranged from approximately 30 percent 
of the Vietnam era veterans to more recently 13–14 percent of veterans serving in the dual wars 
in Iraq and Afghanistan over the last 20 years.
8
 
 
Although estimates vary across occupations and the general population, some studies indicate 
that first responders and other professionals who are exposed to potentially traumatic events in 
their workplace are more likely to develop PTSD compared to the general population.
9
 An 
estimated 30 percent of first responders develop behavioral health conditions, including 
depression and PTSD, as compared with 20 percent of the general population.
10
 A 2015 survey 
of 4,000 first responders found that 6.6 percent had attempted suicide, which is more than 10 
times the rate in the general population.
11
 Military veterans deployed from 2001 to 2007 had a 41 
                                                
1
 See American Psychiatric Association, What is Posttraumatic Stress Disorder? Available at What Is PTSD? 
(psychiatry.org) (Aug. 2020) (last visited Jan. 29, 2022). 
2
 Id. 
3
 Id. 
4
 Id. 
5
 National Center for PTSD, How Common is PTSD in Adults? Available at How Common is PTSD in Adults? - PTSD: 
National Center for PTSD (va.gov) (last visited Jan. 29, 2022). 
6
 Id. 
7
 Mo Med. 2021 Nov-Dec.; 118(6): 546–551. 
8
 Id. 
9
 Psychological Trauma: Theory, Practice, and Policy 2015, Vol. 7, No. 5, 500-506. 
10
 SAMHSA, First Responders” Behavioral Health Concerns, Emergency Response, and Trauma (May 2018) available at 
First Responders: Behavioral Health Concerns, Emergency Response, and Trauma (samhsa.gov) (last visited Jan. 29, 2022). 
The term, “first responders,” includes emergency medical services, firefighters, and police officers. 
11
 FireRescue1, Increasing suicide rates among first responders spark concern, available at Increasing suicide rates among 
first responders spark concern (firerescue1.com) (last visited Jan. 28, 2022).  BILL: CS/SB 664   	Page 3 
 
percent higher suicide risk than the general population, according to the Department of Veterans 
Affairs.
12
 
 
A study
13
 of the prevalence rates of PTSD among U.S. correction professionals included the 
following findings: 
 The prevalence rate for symptoms of PTSD experienced within the past 30 days was 27 
percent for the entire sample, and 31 percent and 22 percent for males and females, 
respectively; 
 A higher rate of PTSD, 31 percent, was found among security personnel compared to all 
other types of personnel; and 
 100 percent of participants confirmed exposure to at least one VID (violence, injury, death) 
event during their career, with 28 VID events being the average number experienced by 
participants during their career. 
 
In reference to the entire sample of correction professionals analyzed, PTSD-positive participants 
reported significantly: 
 More exposure to workplace VID and negative VID-related emotions, 
 Higher levels of depression, anxiety, and stress, 
 More absenteeism, health services utilization, health conditions, and substance use, and 
 Lower levels of pro-health behaviors, life functioning, and life satisfaction.
14
 
 
Florida Workers’ Compensation System 
 
Employers are required to pay compensation or furnish benefits that are required under ch. 440, 
F.S., if an employee suffers an accidental compensable injury or death arising out of work 
performed in the course and the scope of the employment.
15
 Generally, employers may secure 
coverage from an authorized carrier, qualify as a self-insurer,
16
 or purchase coverage from the 
Workers’ Compensation Joint Underwriting Association, the insurer of last resort.
17
 
 
Workers’ compensation is the injured employee’s remedy for “compensable” workplace 
injuries.
18
 An accidental compensable injury must be the major contributing cause of any 
resulting injury, meaning that the cause must be more than 50 percent responsible for the injury 
as compared to all other causes combined, as demonstrated by medical evidence only.
19
 An 
injury or disease caused by a toxic substance is not an injury by accident arising out of 
employment unless there is clear and convincing evidence establishing that exposure to the 
                                                
12
 Id 
13
 Spinaris, Caterina, et. al. Posttraumatic Stress Disorder in United States Corrections Professionals: Prevalence and Impact 
on Health and Functioning (2012), available at Posttraumatic Stress Disorder in United States Corrections Professionals: 
Prevalence and Impact on Health and Functioning| Office of Justice Programs (ojp.gov) (last visited Jan. 29, 2022). 
14
 Id. 
15
 Section 440.09(1), F.S. 
16
 Section 440.38, F.S. 
17
 Section 627.311(5)(a), F.S. 
18
 “Compensable” means a determination by a carrier or judge of compensation claims that a condition suffered by an 
employee results from an injury arising out of and in the course of employment. Section 440.13(1)(d), F.S. 
19
 Section 440.09(1), F.S.  BILL: CS/SB 664   	Page 4 
 
specific substance caused the injury or diseases sustained by the employee.
20
 Injured workers are 
entitled to receive all medically necessary remedial treatment, care, and attendance, including 
medications, medical supplies, durable medical equipment, and prosthetics, for as long as the 
nature of the injury and process of recovery requires.
21
 
 
Indemnity benefits only become payable to employees who are disabled for at least eight days 
due to a compensable workplace injury.
22
 These benefits are generally payable at 66 2/3 percent 
of the employee’s average weekly wage,
23
 up to the maximum weekly benefit established by 
law.
24
 Indemnity benefits fall into one of four categories: temporary partial disability, temporary 
total disability, permanent partial disability, and permanent total disability, as described below: 
 Temporary partial disability and temporary total disability benefits are payable for up to a 
combined total of 260 weeks.
25
 
 Permanent partial disability benefits are payable as impairment income benefits that are 
provided for a variable number of weeks depending upon the value of the injured worker’s 
permanent impairment rating pursuant to a statutory formula.
26
 
 Permanent total disability benefits are payable until the age of 75, unless the work-related 
accident occurs after the worker’s 70
th
 birthday, then the benefit is paid for five years.
27
 
 
Section 440.15(3), F.S., provides that permanent impairment benefits are limited for a permanent 
psychiatric impairment to one percent permanent impairment. 
 
General Compensability for Mental or Nervous Injuries 
 
Section 440.093, F.S., sets forth the conditions under which a mental or nervous injury is 
compensable. A mental or nervous injury due to only stress, fright, or excitement is not an injury 
by accident arising out of the employment. Mental or nervous injuries without an accompanying 
physical injury requiring medical treatment are not compensable. In addition, a physical injury 
resulting from a mental or nervous injury unaccompanied by a physical trauma requiring medical 
treatment is not compensable. 
 
Further, s. 440.093, F.S., provides that mental or nervous injuries occurring as a manifestation of 
an injury compensable under ch. 440, F.S., must be demonstrated by clear and convincing 
medical evidence. The compensable physical injury must be the major contributing cause of the 
mental or nervous injury. The law also limits the duration of temporary benefits for a 
                                                
20
 Section 440.02(1), F.S. 
21
 Section 440.13(2)(a), F.S. 
22
 Section 440.12(1), F.S. 
23
 An injured workers’ average weekly wage is an amount equal to one-thirteenth of the total amount of wages earned during 
the 13 weeks immediately preceding the compensable accident pursuant to s. 440.14(1), F.S. 
24
 Section 440.15(1)-(4), F.S. 
25
 Section 440.15(2) and (4), F.S. Section 440.15(2)(a), F.S., specify that temporary total disability benefits are payable for 
104 weeks; however, the Florida Supreme Court has found this provision unconstitutional and revived the standard of 
260 weeks of payable temporary total disability benefits. Westphal v. City of St. Petersburg, 194 So.3d 311 (Fla. Jun. 9, 
2016). Section 440.15(4)(e), F.S., provides that temporary partial disability benefits; however, the 1st DCA applied the 
holding in Westphal to these benefits finding the limitation unconstitutional and reverted the limitation to the 260 weeks 
previously allowed. Jones v. Food Lion, Inc., No. 1D15-3488, 2016 Fla. App. LEXIS 16710 (Fla. 1st DCA Nov. 9, 2016).  
26
 Section 440.15(3), F.S. 
27
 Section 440.15(1), F.S.  BILL: CS/SB 664   	Page 5 
 
compensable mental or nervous injury to no more than six months after the employee reaches 
maximum medical improvement. 
 
Current PTSD Statutory Benefits for First Responders 
 
In 2018, the Legislature revised the standards for determining compensability of PTSD as an 
occupational disease under workers’ compensation coverage for first responders.
28
 As a result, 
first responders who meet certain conditions may access indemnity and medical benefits for 
PTSD without an accompanying physical injury. A “first responder” is a law enforcement 
officer, as defined in s. 943.10, F.S.,
29
 a firefighter as defined in s. 633.102, F.S.,
30
 or an 
emergency medical technician or paramedic as defined in s. 401.23, F.S.,
31
 employed by state or 
local government. Further, a volunteer law enforcement officer, firefighter, or emergency 
medical technician or paramedic engaged by the state or a local government is considered a first 
responder of the state or local government.
32
 
 
Section 112.1815, F.S., provides workers’ compensation indemnity benefits in specified 
circumstances for PTSD suffered by a law enforcement officer, a firefighter, an emergency 
medical technician, or a paramedic regardless of whether the individual’s PTSD is accompanied 
by a physical injury requiring medical treatment. If the first responder: 
 Has PTSD that resulted from the course and scope of employment; and 
 Is examined and diagnosed with PTSD by an authorized treating psychiatrist of the employer 
or carrier due to the first responder experiencing one of the following qualifying events 
relating to minors or others: 
o Seeing for oneself a deceased minor; 
o Witnessing directly the death of a minor; 
o Witnessing directly the injury to a minor who subsequently died prior to, or upon arrival 
at a hospital emergency department,  
o Participating in the physical treatment of, or manually transporting an injured minor who 
subsequently died before or upon arrival at a hospital emergency department; 
o Seeing for oneself a decedent who died due to grievous bodily harm of a nature that 
shocks the conscience; 
                                                
28
 Ch. 2018-124, Laws of Fla. 
29
 “Law enforcement officer” means any person who is elected, appointed, or employed full time by any municipality or the 
state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary 
responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of 
the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, 
the supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law 
enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the 
employing agency. 
30
 “Firefighter” means an individual who holds a current and valid Firefighter Certificate of Compliance or Special Certificate 
of Compliance issued by the Division of State Fire Marshal within the Department of Financial Services pursuant to 
s. 633.408, F.S. 
31
 “Emergency medical technician” means a person who is certified by the Department of Health to perform basic life support 
pursuant to pt. III of ch. 401, F.S. “Paramedic” means a person who is certified by the Department of Health to perform basic 
and advanced life support pursuant to pt. III of ch. 401, F.S. 
32
 Section 112.1815, F.S.  BILL: CS/SB 664   	Page 6 
 
o Witnessing directly a death, including suicide, due to grievous bodily harm; or homicide, 
including murder, mass killings, manslaughter, self-defense, misadventure, and 
negligence; 
o Witnessing directly an injury that results in death, if the person suffered grievous bodily 
harm that shocks the conscience; or 
o Participating in the physical treatment of an injury, including attempted suicide, or 
manually transporting an injured person who suffered grievous bodily harm, if the injured 
person subsequently died prior to or upon arrival at a hospital emergency department. 
 
Further, the PTSD must be demonstrated by clear and convincing evidence. Medical and 
indemnity benefits for a first responder’s PTSD are due regardless of whether the first responder 
incurred a physical injury, and the following provisions do not apply: 
 Apportionment due to a preexisting PTSD; 
 The one percent limitation on permanent psychiatric impairment benefits; or 
 Any limitation on temporary benefits under s. 440.093, F.S. 
 
The first responder must file the notice of injury with their employer or carrier within 90 days of 
the qualifying event, described above, or manifestation of the PTSD, whichever is later. 
However, the claim is barred if it is not filed within 52 weeks of the qualifying event. 
 
Current law requires an employing agency of a first responder to provide educational training 
relating to mental health awareness, prevention, mitigation, and treatment. 
 
In 2019, the Department of Financial Services adopted Rule 69L-3.009, F.A.C., that specifies the 
types of injuries that qualify as grievous bodily harm of a nature that shocks the conscience, 
pursuant to s. 112.1815(5), F.S. 
 
The Department of Financial Services/Division of Risk Management 
 
The Division of Risk Management (Division) is responsible for the management of claims 
reported by or against state agencies and universities for coverage under the self-insurance fund, 
known as the State Risk Management Trust Fund. Coverages provided through the trust fund 
include workers' compensation, property, fleet automobile liability, general liability, federal civil 
rights and employment discrimination, and court awarded attorney fees.
33
 The Division also 
provides loss prevention services and technical assistance to state agencies and universities for 
managing risk.
34
 
III. Effect of Proposed Changes: 
Section 1 amends s. 112.1815, F.S., to provide that the term, “first responder,” includes part-time 
law enforcement officers as defined in s. 943.10(6), F.S., and auxiliary law enforcement officers 
as defined in s. 943.10(8), F.S. This would extend medical and indemnity benefits for PTSD for 
such officers if they meet other current requirements of this section. Agencies employing such 
                                                
33
 Section 284.30, F.S. 
34
 See MyFloridaCFO, Division of Risk Management available at Administration (myfloridacfo.com) (last visited Jan. 29, 
2022).  BILL: CS/SB 664   	Page 7 
 
officers are required to provide educational training related to mental health awareness, 
prevention, mitigation, and treatment. The section provides a technical conforming change. 
 
Section 2 creates s. 112.18155, F.S., to provide that PTSD is a compensable occupational disease 
for a part-time or full-time correctional officer (CO) if the PTSD resulted from the officer acting 
within the course and scope of his or her employment; and is examined and diagnosed with 
PTSD by an authorized treating psychiatrist of the employer or carrier and has PTSD due to 
experiencing one of the specified qualifying events. For a CO, the qualifying events are: 
 Being seriously injured by an inmate in a manner that shocks the conscience. 
 Being taken hostage by an inmate or trapped in a life-threatening situation as a result of an 
inmate’s act. 
 Directly witnessing an injury, including an injury caused by a suicide attempt, to a person   
who subsequently died before or upon arrival at a hospital emergency department if the 
person was injured by grievous bodily harm of a nature that shocks the conscience. 
 Participating in the physical treatment of an injury, including an injury caused by an 
attempted suicide , to a  person who subsequently died before or upon arrival at a hospital 
emergency department if the person was injured by grievous bodily harm of a nature that 
shocks the conscience. 
 Manually transporting a person  who was injured, including by a suicide attempt, and 
subsequently dies before or upon arrival at a hospital emergency department if the person 
was injured by grievous bodily harm of a nature that shocks the conscience. 
 Directly witnessing a death, including a death by suicide, that involved grievous bodily harm 
of a nature that shocks the conscience. 
 Directly witnessing a homicide regardless of whether the homicide was criminal or 
excusable, including murder, mass killing, manslaughter, self-defense, misadventure, and 
negligence. 
 Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that 
shocks the conscience. 
 
The PTSD diagnosis must be proved by clear and convincing evidence. The PTSD benefits do 
not require a physical injury to the CO to be compensable. The following provisions do not 
apply: 
 Apportionment due to a preexisting PTSD; 
 The one percent limitation on permanent psychiatric impairment benefits; or 
 Any limitation on temporary benefits under s. 440.093, F.S. 
 
The bill provides the time for notice of injury or death is the same as s. 440.151(6), F.S., and is 
measured from one of the qualifying events or the manifestation of the disorder, whichever is 
later. A claim must be noticed properly within 52 weeks after the qualifying event. 
 
An employing agency of a correctional officer is required to provide educational training relating 
to mental health awareness, prevention, mitigation, and treatment. 
 
The DFS must adopt rules specifying injuries qualifying as grievous bodily harm of a nature that 
shocks the conscience for the purposes of this section. 
  BILL: CS/SB 664   	Page 8 
 
 
Sections 3, 4, and 5 amend ss. 111.09, 119.071, and 627.659, F.S., respectively, to provide 
conforming cross references. 
 
Section 6 provides the Legislature  declares that this act fulfills an important state interest. 
 
Section 7 provides the bill takes effect July 1, 2022. 
IV. Constitutional Issues: 
A. Municipality/County Mandates Restrictions: 
Article VII, s. 18(a) of the State Constitution provides, in relevant part, that “no county or 
municipality shall be bound by any general law requiring such county or municipality to 
spend funds or take an action requiring the expenditure of funds unless the Legislature 
has determined that such law fulfills an important state interest and the law requiring such 
expenditure is approved by two-thirds of the membership in each house of the 
Legislature; [or] . . . the expenditure is required to comply with a law that applies to all 
persons similarly situated, including the state and local governments….” The provisions 
of this bill appear to apply to all persons similarly situated (state agencies, state 
universities, state colleges, and local governments employing law enforcement officers, 
correctional officers, and correctional probation officers.  
 
Section 6 of the bill contains a finding that the Legislature declares  that the bill fulfills an 
important state interest. 
B. Public Records/Open Meetings Issues: 
None. 
C. Trust Funds Restrictions: 
None. 
D. State Tax or Fee Increases: 
None. 
E. Other Constitutional Issues: 
None. 
V. Fiscal Impact Statement: 
A. Tax/Fee Issues: 
None.  BILL: CS/SB 664   	Page 9 
 
B. Private Sector Impact: 
The expansion of the definition of the term, “first responder,” to include part-time law 
enforcement officers, and auxiliary law enforcement officers will allow those officers to 
be eligible for medical and indemnity benefits for PTSD without having an 
accompanying physical injury if they meet certain conditions. Further, part-time and full-
time correctional officers would be eligible for indemnity and medical benefits for PTSD 
without having an accompanying physical injury if they meet certain conditions. 
 
Privately managed prisons would be impacted with increased workers’ compensation 
costs similar to that of the State Risk Management Trust Fund.
35
 
C. Government Sector Impact: 
Department of Corrections
36
 
 
The Department of Corrections (DOC) employs about 14,500 correctional officers (COs) 
and correctional probation officers  and has approximately 20,500 overall positions with 
potential eligibility for benefits under the provisions of this bill. Since only a portion of 
these officers are exposed to a qualifying event or circumstance each year, DOC has 
provided a more detailed analysis of potential impacts of the  qualifying events provided 
in CS/SB 664, as outlined below: 
 There were 1,036 officers identified as having been injured by inmates in FY 
2020/2021. This bill would eliminate these cases involving physical injury from the 
apportionment provisions in s. 440.093 F.S., as it relates to mental injuries. 
 One incident has been identified as an employee being taken hostage by an inmate in 
2021. There were zero identified occurrences in the previous three calendar years. 
  There are approximately 300 COs who are exposed each year to a death that could 
meet the parameters outlined in these provisions of the bill. The DOC does not track 
deaths with specificity as to those where the death would qualify as to one that 
“shocks the conscience.” 
 
The DOC states that the training and curriculum changes might be developed with 
existing resources and staff. However, there would be increased cost to the state 
associated with the expansion of PTSD coverage and eligibility. 
 
Department of Financial Services/Division of Risk Management
37
 
 
The DFS notes that it is difficult to estimate the number of new workers’ compensation 
claims that would be filed as a result of enactment of the bill, but DFS expects the fiscal 
impact would be significant. Prevalence rates for correctional professions vary amongst 
                                                
35
 Department of Financial Services, 2022 Legislative Analysis of SB 664 (Dec. 3, 2021) (on file with Senate Committee on 
Banking and Insurance). 
36
 Department of Corrections, 2022 Agency Legislative Analysis of SB 664 (Dec. 2, 2021) (on file with Senate Banking and 
Insurance Committee). 
37
 Department of Financial Services, Legislative Analysis of Proposed CS/SB 664 (Jan. 28, 2022).  BILL: CS/SB 664   	Page 10 
 
the studies e.g., 19-34 percent
38
 and 27-31 percent.
39
 Based upon the increased number of 
employees to be covered by this bill and the estimated number of correctional officers 
that are exposed to a qualifying event annually, the bill would likely have a significant 
impact on the Risk Management Trust Fund for claims expenditures and staffing. 
 
Non-operating Loss Payment Category – Based on an assumption of 200 new PTSD 
claims per year, the DFS estimated that the RMTF could potentially pay as much as $8.4 
- $16.8 million over the first three years after the enactment of the bill, and DFS expects 
that his amount would grow exponentially over time. 
 
The bill would add approximately 18,738 additional state employee FTEs who would be 
eligible for workers’ compensation PTSD benefits, as follows: 
 Correctional officers: approximately 18,500 FTEs 
 Part-time and auxiliary law enforcement officers: 238 
 
The addition of the auxiliary and part-time officers eligible for PTSD is expected to be 
minimal due to the relatively limited exposure for the additional officers. The primary 
impact of this bill is the medical and indemnity coverage for correctional officers 
diagnosed with PTSD who experience a qualifying event. Correctional officers witness 
suicides and deaths in prisons, and some officers that work in the system for a long 
period of time likely experience multiple incidents. Therefore, it is likely that the number 
of claims filed and costs due to PTSD for this sector of employees would increase 
substantially, and could occur at a higher rate than what has been seen since the 2018 law 
was enacted. 
 
Based on Department of Corrections information,
40
 approximately 300 officers are 
exposed to a death that meets one of the qualifying events of the bill and 1,036 officers 
are injured by inmates each year. This provides an estimate of 1,336 officers who could 
potentially file a claim for PTSD. It is unknown how many of those officers exposed to a 
qualifying event would develop PTSD and file a workers’ compensation claim. The DFS 
estimated a 15 percent annual rate of actual PTSD claims being filed, which may 
underestimate or overestimate of the actual number of claims filed. The DFS notes that 
the bill defines one of the qualifying events as a correctional officer being “seriously 
injured” by an inmate that shocks the conscience. However, it is unknown what would 
qualify as a serious injury. For that reason, DFS assumed that all 1,036 injured officers 
could be considered seriously injured. 
 
One additional Workers’ Compensation Specialist may be needed at a recurring cost of 
$70,991 and non-recurring cost of $4,591. 
VI. Technical Deficiencies: 
The CS does not provide rulemaking authority for the Department of Financial Services (DFS) to 
specify the types of injuries that would qualify a CO as being “seriously injured.” It is unclear if 
                                                
38
 Id. 
39
 Supra note 13. 
40
 See Department of Corrections analysis above and supra note 36.  BILL: CS/SB 664   	Page 11 
 
this type of injury would be considered grievous bodily harm. If this term is not defined, it could 
result in additional litigation costs and delays in resolving compensability of claims. 
VII. Related Issues: 
None. 
VIII. Statutes Affected: 
This bill substantially amends sections 112.1815, 111.09, 119.071, and 627.659 of the Florida 
Statutes. 
 
This bill creates section 112.18155 of the Florida Statutes. 
IX. Additional Information: 
A. Committee Substitute – Statement of Substantial Changes: 
(Summarizing differences between the Committee Substitute and the prior version of the bill.) 
CS by Banking and Insurance on February 2, 2022: 
The CS revises PTSD compensability provisions for correctional officers by changing the 
qualifying events for correctional officers and eliminating provisions creating eligibility 
for correctional probation officers. 
B. Amendments: 
None. 
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.