Florida 2024 2024 Regular Session

Florida House Bill H0993 Introduced / Bill

Filed 12/21/2023

                       
 
HB 993  	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 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 
 
 
 
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 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     
 
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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     
 
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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     
 
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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     
 
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 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     
 
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 (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