Florida Senate - 2023 SB 436 By Senator Rodriguez 40-00551A-23 2023436__ 1 A bill to be entitled 2 An act relating to 911 public safety 3 telecommunicators; amending s. 112.1815, F.S.; 4 revising the definition of the term first responder 5 to include 911 public safety telecommunicators, for 6 purposes of applying special provisions relating to 7 employment-related accidents and injuries to 911 8 public safety telecommunicators; amending s. 401.465, 9 F.S.; revising the definition of the term public 10 safety telecommunication training program, to 11 increase the number of hours of required training and 12 specify the nature of the additional training; 13 amending s. 440.091, F.S.; specifying circumstances 14 under which 911 public safety telecommunicators are 15 considered to be acting within the scope of their 16 employment so as to qualify for workers compensation 17 benefits; amending s. 111.09, F.S.; conforming a 18 provision to changes made by the act; reenacting s. 19 627.659, F.S., relating to blanket health insurance 20 and eligible groups, to incorporate the amendment made 21 to s. 112.1815, F.S., in a reference thereto; 22 reenacting s. 1003.4933, F.S., relating to 911 public 23 safety telecommunication training programs, to 24 incorporate the amendment made to s. 401.465, F.S., in 25 a reference thereto; providing an effective date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1.Section 112.1815, Florida Statutes, is amended 30 to read: 31 112.1815Firefighters, paramedics, emergency medical 32 technicians, 911 public safety telecommunicators, and law 33 enforcement officers; special provisions for employment-related 34 accidents and injuries. 35 (1)The term first responder as used in this section 36 means a law enforcement officer as defined in s. 943.10, a 37 firefighter as defined in s. 633.102, or an emergency medical 38 technician or paramedic as defined in s. 401.23, or a 911 public 39 safety telecommunicator as defined in s. 401.465 employed by 40 state or local government. A volunteer law enforcement officer, 41 firefighter, or emergency medical technician or paramedic, or a 42 911 public safety telecommunicator engaged by the state or a 43 local government is also considered a first responder of the 44 state or local government for purposes of this section. 45 (2)(a)For the purpose of determining benefits under this 46 section relating to employment-related accidents and injuries of 47 first responders, the following shall apply: 48 1.An injury or disease caused by the exposure to a toxic 49 substance is not an injury by accident arising out of employment 50 unless there is a preponderance of the evidence establishing 51 that exposure to the specific substance involved, at the levels 52 to which the first responder was exposed, can cause the injury 53 or disease sustained by the employee. 54 2.Any adverse result or complication caused by a smallpox 55 vaccination of a first responder is deemed to be an injury by 56 accident arising out of work performed in the course and scope 57 of employment. 58 3.A mental or nervous injury involving a first responder 59 and occurring as a manifestation of a compensable injury must be 60 demonstrated by clear and convincing evidence. For a mental or 61 nervous injury arising out of the employment unaccompanied by a 62 physical injury involving a first responder, only medical 63 benefits under s. 440.13 shall be payable for the mental or 64 nervous injury. However, payment of indemnity as provided in s. 65 440.15 may not be made unless a physical injury arising out of 66 injury as a first responder accompanies the mental or nervous 67 injury. Benefits for a first responder are not subject to any 68 limitation on temporary benefits under s. 440.093 or the 1 69 percent limitation on permanent psychiatric impairment benefits 70 under s. 440.15(3)(c). 71 (b)In cases involving occupational disease, both causation 72 and sufficient exposure to a specific harmful substance shown to 73 be present in the workplace to support causation shall be proven 74 by a preponderance of the evidence. 75 (3)Permanent total supplemental benefits received by a 76 first responder whose employer does not participate in the 77 social security program shall not terminate after the first 78 responder attains the age of 62. 79 (4)For the purposes of this section, the term 80 occupational disease means only a disease that arises out of 81 employment as a first responder and is due to causes and 82 conditions that are characteristic of and peculiar to a 83 particular trade, occupation, process, or employment and 84 excludes all ordinary diseases of life to which the general 85 public is exposed, unless the incidence of the disease is 86 substantially higher in the particular trade, occupation, 87 process, or employment than for the general public. 88 (5)(a)For the purposes of this section and chapter 440, 89 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093 90 and 440.151(2), posttraumatic stress disorder, as described in 91 the Diagnostic and Statistical Manual of Mental Disorders, Fifth 92 Edition, published by the American Psychiatric Association, 93 suffered by a first responder is a compensable occupational 94 disease within the meaning of subsection (4) and s. 440.151 if: 95 1.The posttraumatic stress disorder resulted from the 96 first responder acting within the course of his or her 97 employment as provided in s. 440.091; and 98 2.The first responder is examined and subsequently 99 diagnosed with such disorder by a licensed psychiatrist who is 100 an authorized treating physician as provided in chapter 440 due 101 to one of the following events: 102 a.Seeing for oneself a deceased minor; 103 b.Directly witnessing the death of a minor; 104 c.Directly witnessing an injury to a minor who 105 subsequently died before or upon arrival at a hospital emergency 106 department; 107 d.Participating in the physical treatment of an injured 108 minor who subsequently died before or upon arrival at a hospital 109 emergency department; 110 e.Manually transporting an injured minor who subsequently 111 died before or upon arrival at a hospital emergency department; 112 f.Seeing for oneself a decedent whose death involved 113 grievous bodily harm of a nature that shocks the conscience; 114 g.Directly witnessing a death, including suicide, that 115 involved grievous bodily harm of a nature that shocks the 116 conscience; 117 h.Directly witnessing a homicide regardless of whether the 118 homicide was criminal or excusable, including murder, mass 119 killing as defined in 28 U.S.C. s. 530C, manslaughter, self 120 defense, misadventure, and negligence; 121 i.Directly witnessing an injury, including an attempted 122 suicide, to a person who subsequently died before or upon 123 arrival at a hospital emergency department if the person was 124 injured by grievous bodily harm of a nature that shocks the 125 conscience; 126 j.Participating in the physical treatment of an injury, 127 including an attempted suicide, to a person who subsequently 128 died before or upon arrival at a hospital emergency department 129 if the person was injured by grievous bodily harm of a nature 130 that shocks the conscience; or 131 k.Manually transporting a person who was injured, 132 including by attempted suicide, and subsequently died before or 133 upon arrival at a hospital emergency department if the person 134 was injured by grievous bodily harm of a nature that shocks the 135 conscience. 136 (b)Such disorder must be demonstrated by clear and 137 convincing medical evidence. 138 (c)Benefits for a first responder under this subsection: 139 1.Do not require a physical injury to the first responder; 140 and 141 2.Are not subject to: 142 a.Apportionment due to a preexisting posttraumatic stress 143 disorder; 144 b.Any limitation on temporary benefits under s. 440.093; 145 or 146 c.The 1-percent limitation on permanent psychiatric 147 impairment benefits under s. 440.15(3). 148 (d)The time for notice of injury or death in cases of 149 compensable posttraumatic stress disorder under this subsection 150 is the same as in s. 440.151(6) and is measured from one of the 151 qualifying events listed in subparagraph (a)2. or the diagnosis 152 of the disorder, whichever is later. A claim under this 153 subsection must be properly noticed within 52 weeks after the 154 qualifying event or the diagnosis of the disorder, whichever is 155 later. 156 (e)As used in this subsection, the term: 157 1.Directly witnessing means to see or hear for oneself. 158 2.Manually transporting means to perform physical labor 159 to move the body of a wounded person for his or her safety or 160 medical treatment. 161 3.Minor has the same meaning as in s. 1.01(13). 162 (f)The Department of Financial Services shall adopt rules 163 specifying injuries qualifying as grievous bodily harm of a 164 nature that shocks the conscience for the purposes of this 165 subsection. 166 (6)An employing agency of a first responder, including 167 volunteer first responders, must provide educational training 168 related to mental health awareness, prevention, mitigation, and 169 treatment. 170 Section 2.Paragraph (d) of subsection (1) of section 171 401.465, Florida Statutes, is amended to read: 172 401.465911 public safety telecommunicator certification. 173 (1)DEFINITIONS.As used in this section, the term: 174 (d)Public safety telecommunication training program 175 means a 911 emergency public safety telecommunication training 176 program that the department determines to be equivalent to the 177 public safety telecommunication training program curriculum 178 framework developed by the Department of Education and consists 179 of at least 238 not less than 232 hours, of which at least 6 180 hours are telecommunicator cardiopulmonary resuscitation 181 training. 182 Section 3.Section 440.091, Florida Statutes, is amended to 183 read: 184 440.091Law enforcement officer, firefighter, emergency 185 medical technician, or paramedic, or 911 public safety 186 telecommunicator; when acting within the course of employment. 187 (1)If an employee: 188 (a)Is elected, appointed, or employed full time by a 189 municipality, the state, or any political subdivision and is 190 vested with authority to bear arms and make arrests and the 191 employees primary responsibility is the prevention or detection 192 of crime or the enforcement of the penal, criminal, traffic, or 193 highway laws of the state; 194 (b)Was discharging that primary responsibility within the 195 state in a place and under circumstances reasonably consistent 196 with that primary responsibility; and 197 (c)Was not engaged in services for which he or she was 198 paid by a private employer, and the employee and his or her 199 public employer had no agreement providing for workers 200 compensation coverage for that private employment; 201 202 the employee is considered to have been acting within the course 203 of employment. The term employee as used in this subsection 204 includes all certified supervisory and command personnel whose 205 duties include, in whole or in part, responsibilities for the 206 supervision, training, guidance, and management of full-time law 207 enforcement officers, part-time law enforcement officers, or 208 auxiliary law enforcement officers but does not include support 209 personnel employed by the employing agency. 210 (2)If a firefighter as defined by s. 112.191(1)(b) is 211 engaged in extinguishing a fire, or protecting and saving life 212 or property due to a fire in this state in an emergency, and 213 such activities would be considered to be within the course of 214 his or her employment as a firefighter and covered by the 215 employers workers compensation coverage except for the fact 216 that the firefighter was off duty or that the location of the 217 fire was outside the employers jurisdiction or area of 218 responsibility, such activities are considered to be within the 219 course of employment. This subsection does not apply if the 220 firefighter is performing activities for which he or she is paid 221 by another employer or contractor. 222 (3)If an emergency medical technician or paramedic is 223 appointed or employed full time by a municipality, the state, or 224 any political subdivision, is certified under chapter 401, is 225 providing basic life support or advanced life support services, 226 as defined in s. 401.23, in an emergency situation in this 227 state, and such activities would be considered to be within the 228 course of his or her employment as an emergency medical 229 technician or paramedic and covered by the employers workers 230 compensation coverage except for the fact that the location of 231 the emergency was outside of the employers jurisdiction or area 232 of responsibility, such activities are considered to be within 233 the course of employment. The provisions of This subsection does 234 do not apply if the emergency medical technician or paramedic is 235 performing activities for which he or she is paid by another 236 employer or contractor. 237 (4)If a 911 public safety telecommunicator is appointed or 238 employed full time by a municipality, the state, or any 239 political subdivision, is certified under chapter 401, is 240 answering telephone calls and providing dispatch functions for 241 an emergency medical condition or performing telecommunicator 242 cardiopulmonary resuscitation in an emergency situation in this 243 state, and such activities would be considered to be within the 244 course of his or her employment as a 911 public safety 245 telecommunicator and covered by the employers workers 246 compensation coverage except for the fact that the location of 247 the emergency was outside of the employers jurisdiction or area 248 of responsibility, such activities are considered to be within 249 the course of employment. This subsection does not apply if the 250 911 public safety telecommunicator is performing activities for 251 which he or she is paid by another employer or contractor. 252 Section 4.Paragraph (a) of subsection (1) of section 253 111.09, Florida Statutes, is amended to read: 254 111.09Peer support for first responders. 255 (1)For purposes of this section, the term: 256 (a)First responder has the same meaning as provided in 257 s. 112.1815 and includes 911 public safety telecommunicators as 258 defined in s. 401.465. 259 Section 5.For the purpose of incorporating the amendment 260 made by this act to section 112.1815, Florida Statutes, in a 261 reference thereto, subsection (4) of section 627.659, Florida 262 Statutes, is reenacted to read: 263 627.659Blanket health insurance; eligible groups.Blanket 264 health insurance is that form of health insurance which covers 265 special groups of individuals as enumerated in one of the 266 following subsections: 267 (4)Under a policy or contract issued in the name of a 268 volunteer fire department, first aid group, local emergency 269 management agency as defined in s. 252.34(6), or other group of 270 first responders as defined in s. 112.1815, which is deemed the 271 policyholder, covering all or any grouping of the members or 272 employees of the policyholder or covering all or any 273 participants in an activity or operation sponsored or supervised 274 by the policyholder. 275 Section 6.For the purpose of incorporating the amendment 276 made by this act to section 401.465, Florida Statutes, in a 277 reference thereto, section 1003.4933, Florida Statutes, is 278 reenacted to read: 279 1003.4933911 public safety telecommunication training 280 programs. 281 (1)(a)Each district school board is encouraged to 282 establish a public safety telecommunication training program as 283 defined in s. 401.465 in at least one public high school in the 284 district. 285 (b)The district school board may partner with an existing 286 public safety telecommunication training program operated by a 287 law enforcement agency or a Florida College System institution. 288 (2)(a)A school district shall allow a student attending a 289 public high school in the district to enroll in the public 290 safety telecommunication training program at another public high 291 school in the district unless: 292 1.The students school offers a public safety 293 telecommunication training program; 294 2.The student does not meet the minimum enrollment 295 qualifications for the public safety telecommunication training 296 program; or 297 3.Scheduling of the students courses of study does not 298 allow the student to attend the public safety telecommunication 299 training program at another public high school in the district. 300 (b)This subsection does not require a school district to 301 provide transportation for a student to attend the public safety 302 telecommunication training program at another public high school 303 in the district. 304 Section 7.This act shall take effect July 1, 2023.