Florida 2024 Regular Session

Florida House Bill H0211 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	HB 211 2024
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6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0211-00
9	9	Page 1 of 8
10	10	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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13	13
14	14	A bill to be entitled 1
15	15	An act relating to licensed counseling for first 2
16	16	responders; amending s. 112.1815, F.S.; providing 3
17	17	definitions; requiring an employing agency of a first 4
18	18	responder to pay for certain licensed counseling for 5
19	19	first responders; requiring such counseling to be 6
20	20	completed within a specified timeframe; prohibiting 7
21	21	the employing agency from requiring the first 8
22	22	responder to use specified leave for such counseling 9
23	23	under certain circumstances; authorizing a first 10
24	24	responder to select a qualified professional for 11
25	25	licensed counseling unless a specified list of 12
26	26	approved qualified professionals exists and providing 13
27	27	requirements for the employing agency related thereto; 14
28	28	prohibiting payment by the employing agency for such 15
29	29	counseling from creating a presumption of a 16
30	30	compensable occupational disease; prohibiting the 17
31	31	employing agency of a first responder from accessing 18
32	32	the first responder's medical records resulting from 19
33	33	licensed counseling except under certain 20
34	34	circumstances; conforming provisions to changes made 21
35	35	by the act; amending s. 112.18155, F.S.; conforming 22
36	36	cross-references; providing an effective date. 23
37	37	24
38	38	Be It Enacted by the Legislature of the State of Florida: 25
39	39
40	40	HB 211 2024
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43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0211-00
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47	47	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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51	51	26
52	52	Section 1. Subsections (5) and (6) of section 112.1815, 27
53	53	Florida Statutes, are renumbered as subsections (4) and (5), 28
54	54	respectively, subsection (1), present subsection (4), and 29
55	55	paragraph (a) of present subsection (5) are amended, and a new 30
56	56	subsection (6) is ad ded to that section, to read: 31
57	57	112.1815 Firefighters, paramedics, emergency medical 32
58	58	technicians, and law enforcement officers; special provisions 33
59	59	for employment-related accidents and injuries. — 34
60	60	(1) As used in this section, the term: 35
61	61	(a) "Directly witnessing" means to see or hear for 36
62	62	oneself. 37
63	63	(b) "First responder" as used in this section means a law 38
64	64	enforcement officer as defined in s. 943.10, a firefighter as 39
65	65	defined in s. 633.102, or an emergency medical technician or 40
66	66	paramedic as defined in s. 401. 23 employed by state or local 41
67	67	government. A volunteer law enforcement officer, firefighter, or 42
68	68	emergency medical technician or paramedic engaged by the state 43
69	69	or a local government is also considered a first responder of 44
70	70	the state or local government for pu rposes of this section. 45
71	71	(c) "Licensed counseling" means counseling provided by a 46
72	72	qualified professional. 47
73	73	(d) "Manually transporting" means to perform physical 48
74	74	labor to remove the body of a wounded person for his or her 49
75	75	safety or medical treatment. 50
76	76
77	77	HB 211 2024
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0211-00
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84	84	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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88	88	(e) "Minor" has the same meaning as in s. 1.01(13). 51
89	89	(f) "Occupational disease" means only a disease that 52
90	90	arises out of employment as a first responder and is due to 53
91	91	causes and conditions that are characteristic of and peculiar to 54
92	92	a particular trade, occupa tion, process, or employment and 55
93	93	excludes all ordinary diseases of life to which the general 56
94	94	public is exposed, unless the incidence of the disease is 57
95	95	substantially higher in the particular trade, occupation, 58
96	96	process, or employment than for the general pub lic. 59
97	97	(g) "Qualified professional" means a physician or a 60
98	98	physician assistant licensed under chapter 458 or chapter 459; a 61
99	99	psychiatrist licensed under chapter 458 or chapter 459; a 62
100	100	psychologist as defined in s. 490.003; a psychiatric nurse as 63
101	101	defined in s. 394.455; or a licensed psychiatrist, a licensed 64
102	102	psychologist, a clinical social worker licensed under s. 65
103	103	491.005, or an advanced practice registered nurse licensed under 66
104	104	s. 464.012 agreed upon through collective bargaining. 67
105	105	(4) For the purposes of this section, the term 68
106	106	"occupational disease" means only a disease that arises out of 69
107	107	employment as a first responder and is due to causes and 70
108	108	conditions that are characteristic of and peculiar to a 71
109	109	particular trade, occupation, process, or employment and 72
110	110	excludes all ordinary diseases of life to which the general 73
111	111	public is exposed, unless the incidence of the disease is 74
112	112	substantially higher in the particular trade, occupation, 75
113	113
114	114	HB 211 2024
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116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0211-00
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121	121	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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125	125	process, or employment than for the general public. 76
126	126	(4)(a)(5)(a) For the purposes of this section and chapter 77
127	127	440, and notwithstanding sub -subparagraph (2)(a)3. and ss. 78
128	128	440.093 and 440.151(2), posttraumatic stress disorder, as 79
129	129	described in the Diagnostic and Statistical Manual of Mental 80
130	130	Disorders, Fifth Edition, published by the America n Psychiatric 81
131	131	Association, suffered by a first responder is a compensable 82
132	132	occupational disease as defined in subsection (1) and s. 83
133	133	440.151(2) within the meaning of subsection (4) and s. 440.151 84
134	134	if: 85
135	135	1. The posttraumatic stress disorder resulted from the 86
136	136	first responder acting within the course of his or her 87
137	137	employment as provided in s. 440.091; and 88
138	138	2. The first responder is examined and subsequently 89
139	139	diagnosed with such disorder by a qualified professional 90
140	140	licensed psychiatrist , in person or through tele health as that 91
141	141	term is defined in s. 456.47, who is an authorized treating 92
142	142	physician as provided in chapter 440 due to one of the following 93
143	143	events: 94
144	144	a. Seeing for oneself a deceased minor; 95
145	145	b. Directly witnessing the death of a minor; 96
146	146	c. Directly witnessing an injury to a minor who 97
147	147	subsequently died before or upon arrival at a hospital emergency 98
148	148	department; 99
149	149	d. Participating in the physical treatment of an injured 100
150	150
151	151	HB 211 2024
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0211-00
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158	158	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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162	162	minor who subsequently died before or upon arrival at a hospital 101
163	163	emergency department; 102
164	164	e. Manually transporting an injured minor who subsequently 103
165	165	died before or upon arrival at a hospital emergency department; 104
166	166	f. Seeing for oneself a decedent whose death involved 105
167	167	grievous bodily harm of a nature that shocks the conscience; 106
168	168	g. Directly witnessing a death, including suicide, that 107
169	169	involved grievous bodily harm of a nature that shocks the 108
170	170	conscience; 109
171	171	h. Directly witnessing a homicide regardless of whether 110
172	172	the homicide was criminal or excusable, including murder, mass 111
173	173	killing as defined in 2 8 U.S.C. s. 530C, manslaughter, self -112
174	174	defense, misadventure, and negligence; 113
175	175	i. Directly witnessing an injury, including an attempted 114
176	176	suicide, to a person who subsequently died before or upon 115
177	177	arrival at a hospital emergency department if the person was 116
178	178	injured by grievous bodily harm of a nature that shocks the 117
179	179	conscience; 118
180	180	j. Participating in the physical treatment of an injury, 119
181	181	including an attempted suicide, to a person who subsequently 120
182	182	died before or upon arrival at a hospital emergency department 121
183	183	if the person was injured by grievous bodily harm of a nature 122
184	184	that shocks the conscience; or 123
185	185	k. Manually transporting a person who was injured, 124
186	186	including by attempted suicide, and subsequently died before or 125
187	187
188	188	HB 211 2024
189	189
190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb0211-00
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195	195	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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197	197
198	198
199	199	upon arrival at a hospital emergency department i f the person 126
200	200	was injured by grievous bodily harm of a nature that shocks the 127
201	201	conscience. 128
202	202	(6)(a) An employing agency of first responders, including 129
203	203	volunteer first responders, must pay for up to 12 hours of 130
204	204	licensed counseling for a first responder who ex periences an 131
205	205	event listed in subparagraph (4)(a)2. in the course of his or 132
206	206	her employment. The licensed counseling may be in person or via 133
207	207	telehealth in accordance with s. 456.47. 134
208	208	(b) If a qualified professional determines that the first 135
209	209	responder needs additional hours of licensed counseling beyond 136
210	210	the initial 12 hours and that the additional hours of licensed 137
211	211	counseling are likely to improve the first responder's 138
212	212	condition, the employing agency of the first responder must pay 139
213	213	for up to an additional 24 hours of licensed counseling for the 140
214	214	first responder. 141
215	215	(c) All hours of licensed counseling authorized under 142
216	216	paragraphs (a) and (b) must be completed within 1 year after the 143
217	217	first responder's first visit to a qualified professional. 144
218	218	(d) The employing ag ency of the first responder may not 145
219	219	require the first responder to use any type of his or her 146
220	220	accrued leave if the first responder's licensed counseling is 147
221	221	scheduled during the first responder's regular work hours. 148
222	222	(e) Unless a list of approved qualified professionals has 149
223	223	been established through collective bargaining, a first 150
224	224
225	225	HB 211 2024
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227	227
228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb0211-00
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232	232	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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234	234
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236	236	responder may select a qualified professional to provide 151
237	237	licensed counseling under this subsection. However, if the 152
238	238	qualified professional selected by the first responder declines 153
239	239	to provide such counseling, the employing agency of the first 154
240	240	responder is not required to secure the counseling services of 155
241	241	that qualified professional and must provide a list of other 156
242	242	approved qualified professionals to the first responder. A 157
243	243	qualified professional approved by an employing agency or 158
244	244	through collective bargaining to provide licensed counseling 159
245	245	under this subsection is considered an authorized treating 160
246	246	physician as provided in chapter 440 and is able to satisfy the 161
247	247	diagnosis requirements und er subparagraph (4)(a)2. regardless of 162
248	248	whether such qualified professional is a licensed psychiatrist. 163
249	249	(f) Payment by the employing agency of licensed counseling 164
250	250	for the first responder under this subsection does not create a 165
251	251	presumption that the first r esponder suffered a compensable 166
252	252	occupational disease as defined in subsection (1) and s. 167
253	253	440.151(2). 168
254	254	(g) The employing agency of the first responder may not 169
255	255	access any of the first responder's medical records resulting 170
256	256	from licensed counseling provided u nder this subsection unless 171
257	257	the first responder provides written authorization to allow such 172
258	258	access, including a release as part of a claim for workers' 173
259	259	compensation benefits under chapter 440, to the qualified 174
260	260	professional providing services to the first responder pursuant 175
261	261
262	262	HB 211 2024
263	263
264	264
265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb0211-00
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269	269	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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272	272
273	273	to this subsection. 176
274	274	Section 2. Paragraphs (b) and (c) of subsection (1) of 177
275	275	section 112.18155, Florida Statutes, are amended to read: 178
276	276	112.18155 Correctional officers; special provisions for 179
277	277	posttraumatic stress disorders. — 180
278	278	(1) As used in this section, the term: 181
279	279	(b) "Directly witnessing" has the same meaning as in s. 182
280	280	112.1815(1) s. 112.1815(5)(e). 183
281	281	(c) "Manually transporting" has the same meaning as in s. 184
282	282	112.1815(1) s. 112.1815(5)(e). 185
283	283	Section 3. This act shall take effect July 1, 2024. 186