Florida Senate - 2024 SB 1490 By Senator Burgess 23-00344A-24 20241490__ 1 A bill to be entitled 2 An act relating to first responders and crime scene 3 investigators; amending s. 112.1815, F.S.; defining 4 the term first responder; amending s. 112.18155, 5 F.S.; authorizing certain diagnoses to be made through 6 telehealth; removing a cross-reference; creating s. 7 112.18156, F.S.; defining terms; providing that 8 posttraumatic stress disorder suffered by a crime 9 scene investigator is a compensable occupational 10 disease under certain circumstances; authorizing 11 certain diagnoses to be made through telehealth; 12 specifying the evidentiary standard for demonstrating 13 such disorder; specifying that benefits do not require 14 a physical injury and are not subject to certain 15 apportionment or limitations; providing requirements 16 for benefits offered to a crime scene investigator for 17 posttraumatic stress disorder; specifying when a claim 18 for posttraumatic stress disorder must be noticed; 19 requiring a crime scene investigators employing 20 agency to provide specified mental health training; 21 requiring the Department of Financial Services to 22 adopt rules; declaring that the act fulfills an 23 important state interest; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1.Subsection (1) of section 112.1815, Florida 28 Statutes, is amended to read: 29 112.1815Firefighters, paramedics, emergency medical 30 technicians, and law enforcement officers; special provisions 31 for employment-related accidents and injuries. 32 (1)The term first responder As used in this section, the 33 term first responder means any of the following persons who is 34 a full-time paid employee, a part-time paid employee, or an 35 unpaid volunteer: 36 (a)A law enforcement officer, as defined in s. 943.10(1). 37 s. 943.10, 38 (b)A firefighter, as defined in s. 633.102., or 39 (c)An emergency medical technician or a paramedic, as 40 those terms are defined in s. 401.23. 41 (d)A correctional officer, as defined in s. 943.10(2). 42 (e)A 911 public safety telecommunicator, as defined in s. 43 401.465(1). 44 (f)A federal law enforcement officer, as defined in s. 45 901.1505(1) employed by state or local government. A volunteer 46 law enforcement officer, firefighter, or emergency medical 47 technician or paramedic engaged by the state or a local 48 government is also considered a first responder of the state or 49 local government for purposes of this section. 50 Section 2.Subsection (2) of section 112.18155, Florida 51 Statutes, is amended to read: 52 112.18155Correctional officers; special provisions for 53 posttraumatic stress disorders. 54 (2)For purposes of this section and chapter 440, and 55 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 56 disorder, as described in the Diagnostic and Statistical Manual 57 of Mental Disorders, Fifth Edition, published by the American 58 Psychiatric Association, suffered by a correctional officer is a 59 compensable occupational disease within the meaning of s. 60 440.151 if both of the following apply: 61 (a)The posttraumatic stress disorder resulted from the 62 correctional officer acting within the course of his or her 63 employment as provided in s. 440.091. 64 (b)The correctional officer is examined and subsequently 65 diagnosed with such disorder by a licensed psychiatrist, in 66 person or through telehealth as that term is defined in s. 67 456.47(1), who is an authorized treating physician as provided 68 in chapter 440 due to one of the following events: 69 1.Being taken hostage by an inmate or trapped in a life 70 threatening situation as a result of an inmates act; 71 2.Directly witnessing a death, including a death due to 72 suicide, of a person who suffered grievous bodily harm of a 73 nature that shocks the conscience; 74 3.Directly witnessing an injury, including an attempted 75 suicide, to a person who subsequently dies before or upon 76 arrival at a hospital emergency department if the person was 77 injured by grievous bodily harm of a nature that shocks the 78 conscience; 79 4.Participating in the physical treatment of an injury, or 80 manually transporting a person who was injured, including by 81 attempted suicide, who subsequently dies before or upon arrival 82 at a hospital emergency department if the person was injured by 83 grievous bodily harm of a nature that shocks the conscience; 84 5.Directly witnessing a homicide regardless of whether the 85 homicide was criminal or excusable, including murder, mass 86 killing, manslaughter, self-defense, misadventure, and 87 negligence; or 88 6.Seeing for oneself a decedent whose death involved 89 grievous bodily harm of a nature that shocks the conscience. 90 Section 3.Section 112.18156, Florida Statutes, is created 91 to read: 92 112.18156Crime scene investigators; special provisions for 93 posttraumatic stress disorders. 94 (1)As used in this section, the term: 95 (a)Advanced stage of decomposition means the breaking 96 down of soft tissue, skin, and hair, as well as muscle and 97 connective tissue. 98 (b)Crime scene investigator means a forensic member of a 99 law enforcement agency, government, or civilian crime laboratory 100 whose primary responsibility is to document, identify, collect, 101 or preserve forensic evidence relevant to a law enforcement, 102 death, or natural disaster investigation, and whose primary 103 responsibilities include, but are not limited to, collecting 104 evidence such as fingerprints, footprints, tire tracks, blood 105 and other biological fluids, fibers, and fire debris. 106 (c)Directly witnessing means to see or hear for oneself. 107 (d)Mass killing means three or more killings in a single 108 incident. 109 (2)For purposes of this section and chapter 440, and 110 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 111 disorder, as described in the Diagnostic and Statistical Manual 112 of Mental Disorders, Fifth Edition, published by the American 113 Psychiatric Association, suffered by a crime scene investigator 114 is a compensable occupational disease within the meaning of s. 115 440.151 if both of the following apply: 116 (a)The posttraumatic stress disorder resulted from the 117 crime scene investigator acting within the course of his or her 118 employment. 119 (b)The crime scene investigator is examined and 120 subsequently diagnosed with such disorder by a licensed 121 psychiatrist, in person or through telehealth as that term is 122 defined in s. 456.47(1), who is an authorized treating physician 123 as provided in chapter 440 due to one of the following events: 124 1.Directly witnessing a death, including a death due to 125 suicide, that involved grievous bodily harm of a nature that 126 shocks the conscience; 127 2.Directly witnessing the death of a minor; 128 3.Directly witnessing an injury, including an attempted 129 suicide, to a person who subsequently dies before or upon 130 arrival at a hospital emergency department if the person was 131 injured by grievous bodily harm of a nature that shocks the 132 conscience; 133 4.Directly witnessing an injury to a minor who 134 subsequently dies before or upon arrival at a hospital emergency 135 department; 136 5.Directly witnessing a homicide regardless of whether the 137 homicide was criminal or excusable, including murder, mass 138 killing, manslaughter, self-defense, misadventure, and 139 negligence; 140 6.Seeing for oneself a deceased minor; 141 7.Seeing for oneself a decedent whose death involved 142 grievous bodily harm of a nature that shocks the conscience; or 143 8.Seeing for oneself a decedent who is in an advanced 144 stage of decomposition. 145 (3)The posttraumatic stress disorder must be demonstrated 146 by clear and convincing medical evidence. 147 (4)Benefits for a crime scene investigator under this 148 section: 149 (a)Do not require a physical injury to the crime scene 150 investigator. 151 (b)Are not subject to any of the following: 152 1.Apportionment due to a preexisting posttraumatic stress 153 disorder. 154 2.Any limitation on temporary benefits under s. 440.093. 155 3.The 1-percent limitation on permanent psychiatric 156 impairment benefits under s. 440.15(3). 157 (5)The time for notice of injury or death in cases of 158 compensable posttraumatic stress disorder under this section is 159 the same as in s. 440.151(6) and is measured from one of the 160 qualifying events listed in paragraph (2)(b) or the diagnosis of 161 the disorder, whichever is later. A claim under this section 162 must be properly noticed within 52 weeks after the qualifying 163 event or the diagnosis of the disorder, whichever is later. 164 (6)The employing agency of a crime scene investigator must 165 provide educational training related to mental health awareness, 166 prevention, mitigation, and treatment. 167 (7)The Department of Financial Services shall adopt rules 168 specifying injuries qualifying as grievous bodily harm of a 169 nature that shocks the conscience for the purposes of this 170 section. 171 Section 4.The Legislature determines and declares that 172 this act fulfills an important state interest. 173 Section 5.This act shall take effect July 1, 2024.