HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 1 of 7 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 first responders and crime scene 2 investigators; amending s. 112.1815, F.S.; defining 3 the term "first responder"; amending s. 112.18155, 4 F.S.; authorizing certain diagnoses to be made through 5 telehealth; removing a cross -reference; creating s. 6 112.18156, F.S.; providing definitions; providing that 7 posttraumatic stress disorder suffered by a crime 8 scene investigator is a compensable occupational 9 disease under certain circumstances; authorizing 10 certain diagnoses to be made through telehealth ; 11 specifying the evidentiary standard for demonstrating 12 such disorder; specifying that benefits do not require 13 a physical injury and are not subject to certain 14 apportionment or limitations; providing requirements 15 for benefits offered to a crime scene investigator for 16 posttraumatic stress disorder; specifying when a claim 17 for posttraumatic stress disorder must be noticed; 18 requiring a crime scene investigator's employing 19 agency to provide specified mental health training; 20 requiring the Department of Financial Services to 21 adopt rules; declaring that the act fulfills an 22 important state interest; providing an effective date. 23 24 Be It Enacted by the Legislature of the State of Florida: 25 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 2 of 7 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 26 Section 1. Subsection (1) of section 112.1815, Florida 27 Statutes, is amended to read: 28 112.1815 Firefighters, paramedics, emergency medical 29 technicians, and law enforcement officers; special provisions 30 for employment-related accidents and injuries. — 31 (1) The term "first responder" As used in this section , 32 the term "first resp onder" means any of the following persons 33 who is a full-time paid employee, a part -time paid employee, or 34 an unpaid volunteer: 35 (a) A law enforcement officer , as defined in s. 943.10(1). 36 s. 943.10, 37 (b) A firefighter, as defined in s. 633.102 ., or 38 (c) An emergency medical technician or a paramedic, as 39 those terms are defined in s. 401.23 . 40 (d) A correctional officer, as defined in s. 943.10(2). 41 (e) A 911 public safety telecommunicator, as defined in s. 42 401.465(1). 43 (f) A federal law enforcement offi cer, as defined in s. 44 901.1505(1) employed by state or local government. A volunteer 45 law enforcement officer, firefighter, or emergency medical 46 technician or paramedic engaged by the state or a local 47 government is also considered a first responder of the s tate or 48 local government for purposes of this section . 49 Section 2. Subsection (2) of section 112.18155, Florida 50 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 3 of 7 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 Statutes, is amended to read: 51 112.18155 Correctional officers; special provisions for 52 posttraumatic stress disorders. — 53 (2) For purposes of this section and chapter 440, and 54 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 55 disorder, as described in the Diagnostic and Statistical Manual 56 of Mental Disorders, Fifth Edition, published by the American 57 Psychiatric Association, suf fered by a correctional officer is a 58 compensable occupational disease within the meaning of s. 59 440.151 if both of the following apply: 60 (a) The posttraumatic stress disorder resulted from the 61 correctional officer acting within the course of his or her 62 employment as provided in s. 440.091 . 63 (b) The correctional officer is examined and subsequently 64 diagnosed with such disorder by a licensed psychiatrist , in 65 person or through telehealth as that term is defined in s. 66 456.47(1), who is an authorized treating p hysician as provided 67 in chapter 440 due to one of the following events: 68 1. Being taken hostage by an inmate or trapped in a life -69 threatening situation as a result of an inmate's act; 70 2. Directly witnessing a death, including a death due to 71 suicide, of a person who suffered grievous bodily harm of a 72 nature that shocks the conscience; 73 3. Directly witnessing an injury, including an attempted 74 suicide, to a person who subsequently dies before or upon 75 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 4 of 7 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 arrival at a hospital emergency department if the person was 76 injured by grievous bodily harm of a nature that shocks the 77 conscience; 78 4. Participating in the physical treatment of an injury, 79 or manually transporting a person who was injured, including by 80 attempted suicide, who subsequently dies before or upon arrival 81 at a hospital emergency department if the person was injured by 82 grievous bodily harm of a nature that shocks the conscience; 83 5. Directly witnessing a homicide regardless of whether 84 the homicide was criminal or excusable, including murder, mass 85 killing, manslaughter, self -defense, misadventure, and 86 negligence; or 87 6. Seeing for oneself a decedent whose death involved 88 grievous bodily harm of a nature that shocks the conscience. 89 Section 3. Section 112.18156, Florida Statutes, is created 90 to read: 91 112.18156 Crime scene investigators; special provisions 92 for posttraumatic stress disorders. — 93 (1) As used in this section, the term: 94 (a) "Advanced stage of decomposition" means the breaking 95 down of soft tissue, skin, and hair, as well as muscle and 96 connective tissue. 97 (b) "Crime scene investigator" means a forensic member of 98 a law enforcement agency, government, or civilian crime 99 laboratory whose primary responsibility is to document, 100 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 5 of 7 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 identify, collect, or preserve forensic evidence relevant to a 101 law enforcement, death, or natural disaster investigation, and 102 whose primary responsibilities include, but are not limited to, 103 collecting evidence such as fingerprints, footprints, tire 104 tracks, blood and other biological fluids, fibers, and fire 105 debris. 106 (c) "Directly witnessing" means to see or hear for 107 oneself. 108 (d) "Mass killing" means three or more killings in a 109 single incident. 110 (2) For purposes of this section and chapter 440, and 111 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 112 disorder, as described in the Diagnostic and Statistical Manual 113 of Mental Disorders, Fifth Edition, published by the American 114 Psychiatric Association, suffered by a crime scene investigator 115 is a compensable occupational disease within the meaning of s. 116 440.151 if both of the following apply: 117 (a) The posttraumatic stress disorder resulted from the 118 crime scene investigator acting within the course of his or her 119 employment. 120 (b) The crime scene investigator is examined and 121 subsequently diagnosed with such disorde r by a licensed 122 psychiatrist, in person or through telehealth as that term is 123 defined in s. 456.47(1), who is an authorized treating physician 124 as provided in chapter 440 due to one of the following events: 125 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 6 of 7 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 1. Directly witnessing a death, including a death due to 126 suicide, that involved grievous bodily harm of a nature that 127 shocks the conscience; 128 2. Directly witnessing the death of a minor; 129 3. Directly witnessing an injury, including an attempted 130 suicide, to a person who subsequently dies before or upon 131 arrival at a hospital emergency department if the person was 132 injured by grievous bodily harm of a nature that shocks the 133 conscience; 134 4. Directly witnessing an injury to a minor who 135 subsequently dies before or upon arrival at a hospital emergency 136 department; 137 5. Directly witnessing a homicide regardless of whether 138 the homicide was criminal or excusable, including murder, mass 139 killing, manslaughter, self -defense, misadventure, and 140 negligence; 141 6. Seeing for oneself a deceased minor; 142 7. Seeing for oneself a decedent whose death involved 143 grievous bodily harm of a nature that shocks the conscience; or 144 8. Seeing for oneself a decedent who is in an advanced 145 stage of decomposition. 146 (3) The posttraumatic stress disorder must be demonstrated 147 by clear and convincing medical evidence. 148 (4) Benefits for a crime scene investigator under this 149 section: 150 HB 993 2024 CODING: Words stricken are deletions; words underlined are additions. hb0993-00 Page 7 of 7 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) Do not require a physical injury to the crime scene 151 investigator. 152 (b) Are not subject to any of the following: 153 1. Apportionment due to a preexisting posttraumatic stress 154 disorder. 155 2. Any limitation on temporary benefits under s. 440.093. 156 3. The 1-percent limitation on permanent psychiatric 157 impairment benefits under s. 440.15(3). 158 (5) The time for notice of injury or death in cases of 159 compensable posttraumatic stress disorder under this section is 160 the same as in s. 440.151(6) and is measured from one of the 161 qualifying events listed in paragraph (2)(b) or the diagnosis of 162 the disorder, whichever is later. A claim under this section 163 must be properly noticed within 52 weeks after the qualifying 164 event or the diagnosis of the disorder, whichever is later. 165 (6) The employing agency of a crime scene investigator 166 must provide educational training related to mental health 167 awareness, prevention, mitigation, a nd treatment. 168 (7) The Department of Financial Services shall adopt rules 169 specifying injuries qualifying as grievous bodily harm of a 170 nature that shocks the conscience for the purposes of this 171 section. 172 Section 4. The Legislature determines and declare s that 173 this act fulfills an important state interest. 174 Section 5. This act shall take effect July 1, 2024. 175