HB 211 2024
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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
A bill to be entitled 1
An act relating to licensed counseling for first 2
responders; amending s. 112.1815, F.S.; providing 3
definitions; requiring an employing agency of a first 4
responder to pay for certain licensed counseling for 5
first responders; requiring such counseling to be 6
completed within a specified timeframe; prohibiting 7
the employing agency from requiring the first 8
responder to use specified leave for such counseling 9
under certain circumstances; authorizing a first 10
responder to select a qualified professional for 11
licensed counseling unless a specified list of 12
approved qualified professionals exists and providing 13
requirements for the employing agency related thereto; 14
prohibiting payment by the employing agency for such 15
counseling from creating a presumption of a 16
compensable occupational disease; prohibiting the 17
employing agency of a first responder from accessing 18
the first responder's medical records resulting from 19
licensed counseling except under certain 20
circumstances; conforming provisions to changes made 21
by the act; amending s. 112.18155, F.S.; conforming 22
cross-references; providing an effective date. 23
24
Be It Enacted by the Legislature of the State of Florida: 25
HB 211 2024
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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
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Section 1. Subsections (5) and (6) of section 112.1815, 27
Florida Statutes, are renumbered as subsections (4) and (5), 28
respectively, subsection (1), present subsection (4), and 29
paragraph (a) of present subsection (5) are amended, and a new 30
subsection (6) is ad ded to that section, to read: 31
112.1815 Firefighters, paramedics, emergency medical 32
technicians, and law enforcement officers; special provisions 33
for employment-related accidents and injuries. — 34
(1) As used in this section, the term: 35
(a) "Directly witnessing" means to see or hear for 36
oneself. 37
(b) "First responder" as used in this section means a law 38
enforcement officer as defined in s. 943.10, a firefighter as 39
defined in s. 633.102, or an emergency medical technician or 40
paramedic as defined in s. 401. 23 employed by state or local 41
government. A volunteer law enforcement officer, firefighter, or 42
emergency medical technician or paramedic engaged by the state 43
or a local government is also considered a first responder of 44
the state or local government for pu rposes of this section. 45
(c) "Licensed counseling" means counseling provided by a 46
qualified professional. 47
(d) "Manually transporting" means to perform physical 48
labor to remove the body of a wounded person for his or her 49
safety or medical treatment. 50
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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
(e) "Minor" has the same meaning as in s. 1.01(13). 51
(f) "Occupational disease" means only a disease that 52
arises out of employment as a first responder and is due to 53
causes and conditions that are characteristic of and peculiar to 54
a particular trade, occupa tion, process, or employment and 55
excludes all ordinary diseases of life to which the general 56
public is exposed, unless the incidence of the disease is 57
substantially higher in the particular trade, occupation, 58
process, or employment than for the general pub lic. 59
(g) "Qualified professional" means a physician or a 60
physician assistant licensed under chapter 458 or chapter 459; a 61
psychiatrist licensed under chapter 458 or chapter 459; a 62
psychologist as defined in s. 490.003; a psychiatric nurse as 63
defined in s. 394.455; or a licensed psychiatrist, a licensed 64
psychologist, a clinical social worker licensed under s. 65
491.005, or an advanced practice registered nurse licensed under 66
s. 464.012 agreed upon through collective bargaining. 67
(4) For the purposes of this section, the term 68
"occupational disease" means only a disease that arises out of 69
employment as a first responder and is due to causes and 70
conditions that are characteristic of and peculiar to a 71
particular trade, occupation, process, or employment and 72
excludes all ordinary diseases of life to which the general 73
public is exposed, unless the incidence of the disease is 74
substantially higher in the particular trade, occupation, 75
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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
process, or employment than for the general public. 76
(4)(a)(5)(a) For the purposes of this section and chapter 77
440, and notwithstanding sub -subparagraph (2)(a)3. and ss. 78
440.093 and 440.151(2), posttraumatic stress disorder, as 79
described in the Diagnostic and Statistical Manual of Mental 80
Disorders, Fifth Edition, published by the America n Psychiatric 81
Association, suffered by a first responder is a compensable 82
occupational disease as defined in subsection (1) and s. 83
440.151(2) within the meaning of subsection (4) and s. 440.151 84
if: 85
1. The posttraumatic stress disorder resulted from the 86
first responder acting within the course of his or her 87
employment as provided in s. 440.091; and 88
2. The first responder is examined and subsequently 89
diagnosed with such disorder by a qualified professional 90
licensed psychiatrist , in person or through tele health as that 91
term is defined in s. 456.47, who is an authorized treating 92
physician as provided in chapter 440 due to one of the following 93
events: 94
a. Seeing for oneself a deceased minor; 95
b. Directly witnessing the death of a minor; 96
c. Directly witnessing an injury to a minor who 97
subsequently died before or upon arrival at a hospital emergency 98
department; 99
d. Participating in the physical treatment of an injured 100
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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
minor who subsequently died before or upon arrival at a hospital 101
emergency department; 102
e. Manually transporting an injured minor who subsequently 103
died before or upon arrival at a hospital emergency department; 104
f. Seeing for oneself a decedent whose death involved 105
grievous bodily harm of a nature that shocks the conscience; 106
g. Directly witnessing a death, including suicide, that 107
involved grievous bodily harm of a nature that shocks the 108
conscience; 109
h. Directly witnessing a homicide regardless of whether 110
the homicide was criminal or excusable, including murder, mass 111
killing as defined in 2 8 U.S.C. s. 530C, manslaughter, self -112
defense, misadventure, and negligence; 113
i. Directly witnessing an injury, including an attempted 114
suicide, to a person who subsequently died before or upon 115
arrival at a hospital emergency department if the person was 116
injured by grievous bodily harm of a nature that shocks the 117
conscience; 118
j. Participating in the physical treatment of an injury, 119
including an attempted suicide, to a person who subsequently 120
died before or upon arrival at a hospital emergency department 121
if the person was injured by grievous bodily harm of a nature 122
that shocks the conscience; or 123
k. Manually transporting a person who was injured, 124
including by attempted suicide, and subsequently died before or 125
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upon arrival at a hospital emergency department i f the person 126
was injured by grievous bodily harm of a nature that shocks the 127
conscience. 128
(6)(a) An employing agency of first responders, including 129
volunteer first responders, must pay for up to 12 hours of 130
licensed counseling for a first responder who ex periences an 131
event listed in subparagraph (4)(a)2. in the course of his or 132
her employment. The licensed counseling may be in person or via 133
telehealth in accordance with s. 456.47. 134
(b) If a qualified professional determines that the first 135
responder needs additional hours of licensed counseling beyond 136
the initial 12 hours and that the additional hours of licensed 137
counseling are likely to improve the first responder's 138
condition, the employing agency of the first responder must pay 139
for up to an additional 24 hours of licensed counseling for the 140
first responder. 141
(c) All hours of licensed counseling authorized under 142
paragraphs (a) and (b) must be completed within 1 year after the 143
first responder's first visit to a qualified professional. 144
(d) The employing ag ency of the first responder may not 145
require the first responder to use any type of his or her 146
accrued leave if the first responder's licensed counseling is 147
scheduled during the first responder's regular work hours. 148
(e) Unless a list of approved qualified professionals has 149
been established through collective bargaining, a first 150
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responder may select a qualified professional to provide 151
licensed counseling under this subsection. However, if the 152
qualified professional selected by the first responder declines 153
to provide such counseling, the employing agency of the first 154
responder is not required to secure the counseling services of 155
that qualified professional and must provide a list of other 156
approved qualified professionals to the first responder. A 157
qualified professional approved by an employing agency or 158
through collective bargaining to provide licensed counseling 159
under this subsection is considered an authorized treating 160
physician as provided in chapter 440 and is able to satisfy the 161
diagnosis requirements und er subparagraph (4)(a)2. regardless of 162
whether such qualified professional is a licensed psychiatrist. 163
(f) Payment by the employing agency of licensed counseling 164
for the first responder under this subsection does not create a 165
presumption that the first r esponder suffered a compensable 166
occupational disease as defined in subsection (1) and s. 167
440.151(2). 168
(g) The employing agency of the first responder may not 169
access any of the first responder's medical records resulting 170
from licensed counseling provided u nder this subsection unless 171
the first responder provides written authorization to allow such 172
access, including a release as part of a claim for workers' 173
compensation benefits under chapter 440, to the qualified 174
professional providing services to the first responder pursuant 175
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to this subsection. 176
Section 2. Paragraphs (b) and (c) of subsection (1) of 177
section 112.18155, Florida Statutes, are amended to read: 178
112.18155 Correctional officers; special provisions for 179
posttraumatic stress disorders. — 180
(1) As used in this section, the term: 181
(b) "Directly witnessing" has the same meaning as in s. 182
112.1815(1) s. 112.1815(5)(e). 183
(c) "Manually transporting" has the same meaning as in s. 184
112.1815(1) s. 112.1815(5)(e). 185
Section 3. This act shall take effect July 1, 2024. 186