Florida Senate - 2024 CS for SB 1490 By the Committee on Governmental Oversight and Accountability; and Senator Burgess 585-02590-24 20241490c1 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; establishing employer paid contribution 23 rates necessary to fund the retirement system 24 benefits; directing the Division of Law Revision to 25 adjust accordingly the contribution rates otherwise in 26 effect; declaring that the act fulfills an important 27 state interest; providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1.Subsection (1) of section 112.1815, Florida 32 Statutes, is amended to read: 33 112.1815Firefighters, paramedics, emergency medical 34 technicians, and law enforcement officers; special provisions 35 for employment-related accidents and injuries. 36 (1)The term first responder As used in this section, the 37 term first responder means any of the following persons who is 38 a full-time paid employee, a part-time paid employee, or an 39 unpaid volunteer: 40 (a)A law enforcement officer, as defined in s. 943.10(1). 41 s. 943.10, 42 (b)A firefighter, as defined in s. 633.102., or 43 (c)An emergency medical technician or a paramedic, as 44 those terms are defined in s. 401.23. 45 (d)A correctional officer, as defined in s. 943.10(2). 46 (e)A 911 public safety telecommunicator, as defined in s. 47 401.465(1). 48 (f)A federal law enforcement officer, as defined in s. 49 901.1505(1) employed by state or local government. A volunteer 50 law enforcement officer, firefighter, or emergency medical 51 technician or paramedic engaged by the state or a local 52 government is also considered a first responder of the state or 53 local government for purposes of this section. 54 Section 2.Subsection (2) of section 112.18155, Florida 55 Statutes, is amended to read: 56 112.18155Correctional officers; special provisions for 57 posttraumatic stress disorders. 58 (2)For purposes of this section and chapter 440, and 59 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 60 disorder, as described in the Diagnostic and Statistical Manual 61 of Mental Disorders, Fifth Edition, published by the American 62 Psychiatric Association, suffered by a correctional officer is a 63 compensable occupational disease within the meaning of s. 64 440.151 if both of the following apply: 65 (a)The posttraumatic stress disorder resulted from the 66 correctional officer acting within the course of his or her 67 employment as provided in s. 440.091. 68 (b)The correctional officer is examined and subsequently 69 diagnosed with such disorder by a licensed psychiatrist, in 70 person or through telehealth as that term is defined in s. 71 456.47(1), who is an authorized treating physician as provided 72 in chapter 440 due to one of the following events: 73 1.Being taken hostage by an inmate or trapped in a life 74 threatening situation as a result of an inmates act; 75 2.Directly witnessing a death, including a death due to 76 suicide, of a person who suffered grievous bodily harm of a 77 nature that shocks the conscience; 78 3.Directly witnessing an injury, including an attempted 79 suicide, to a person who subsequently dies before or upon 80 arrival at a hospital emergency department if the person was 81 injured by grievous bodily harm of a nature that shocks the 82 conscience; 83 4.Participating in the physical treatment of an injury, or 84 manually transporting a person who was injured, including by 85 attempted suicide, who subsequently dies before or upon arrival 86 at a hospital emergency department if the person was injured by 87 grievous bodily harm of a nature that shocks the conscience; 88 5.Directly witnessing a homicide regardless of whether the 89 homicide was criminal or excusable, including murder, mass 90 killing, manslaughter, self-defense, misadventure, and 91 negligence; or 92 6.Seeing for oneself a decedent whose death involved 93 grievous bodily harm of a nature that shocks the conscience. 94 Section 3.Section 112.18156, Florida Statutes, is created 95 to read: 96 112.18156Crime scene investigators; special provisions for 97 posttraumatic stress disorders. 98 (1)As used in this section, the term: 99 (a)Advanced stage of decomposition means the breaking 100 down of soft tissue, skin, and hair, as well as muscle and 101 connective tissue. 102 (b)Crime scene investigator means a forensic member of a 103 law enforcement agency, government, or civilian crime laboratory 104 whose primary responsibility is to document, identify, collect, 105 or preserve forensic evidence relevant to a law enforcement, 106 death, or natural disaster investigation, and whose primary 107 responsibilities include, but are not limited to, collecting 108 evidence such as fingerprints, footprints, tire tracks, blood 109 and other biological fluids, fibers, and fire debris. 110 (c)Directly witnessing means to see or hear for oneself. 111 (d)Mass killing means three or more killings in a single 112 incident. 113 (2)For purposes of this section and chapter 440, and 114 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 115 disorder, as described in the Diagnostic and Statistical Manual 116 of Mental Disorders, Fifth Edition, published by the American 117 Psychiatric Association, suffered by a crime scene investigator 118 is a compensable occupational disease within the meaning of s. 119 440.151 if both of the following apply: 120 (a)The posttraumatic stress disorder resulted from the 121 crime scene investigator acting within the course of his or her 122 employment. 123 (b)The crime scene investigator is examined and 124 subsequently diagnosed with such disorder by a licensed 125 psychiatrist, in person or through telehealth as that term is 126 defined in s. 456.47(1), who is an authorized treating physician 127 as provided in chapter 440 due to one of the following events: 128 1.Directly witnessing a death, including a death due to 129 suicide, that involved grievous bodily harm of a nature that 130 shocks the conscience; 131 2.Directly witnessing the death of a minor; 132 3.Directly witnessing an injury, including an attempted 133 suicide, to a person who subsequently dies before or upon 134 arrival at a hospital emergency department if the person was 135 injured by grievous bodily harm of a nature that shocks the 136 conscience; 137 4.Directly witnessing an injury to a minor who 138 subsequently dies before or upon arrival at a hospital emergency 139 department; 140 5.Directly witnessing a homicide regardless of whether the 141 homicide was criminal or excusable, including murder, mass 142 killing, manslaughter, self-defense, misadventure, and 143 negligence; 144 6.Seeing for oneself a deceased minor; 145 7.Seeing for oneself a decedent whose death involved 146 grievous bodily harm of a nature that shocks the conscience; or 147 8.Seeing for oneself a decedent who is in an advanced 148 stage of decomposition. 149 (3)The posttraumatic stress disorder must be demonstrated 150 by clear and convincing medical evidence. 151 (4)Benefits for a crime scene investigator under this 152 section: 153 (a)Do not require a physical injury to the crime scene 154 investigator. 155 (b)Are not subject to any of the following: 156 1.Apportionment due to a preexisting posttraumatic stress 157 disorder. 158 2.Any limitation on temporary benefits under s. 440.093. 159 3.The 1-percent limitation on permanent psychiatric 160 impairment benefits under s. 440.15(3). 161 (5)The time for notice of injury or death in cases of 162 compensable posttraumatic stress disorder under this section is 163 the same as in s. 440.151(6) and is measured from one of the 164 qualifying events listed in paragraph (2)(b) or the diagnosis of 165 the disorder, whichever is later. A claim under this section 166 must be properly noticed within 52 weeks after the qualifying 167 event or the diagnosis of the disorder, whichever is later. 168 (6)The employing agency of a crime scene investigator must 169 provide educational training related to mental health awareness, 170 prevention, mitigation, and treatment. 171 (7)The Department of Financial Services shall adopt rules 172 specifying injuries qualifying as grievous bodily harm of a 173 nature that shocks the conscience for the purposes of this 174 section. 175 Section 4.(1)In order to fund the benefit changes 176 provided by this act, the required employer contribution rates 177 for the members of the Florida Retirement System established in 178 s. 121.71(4), Florida Statutes, are increased as follows: 179 (a)By 0.01 percentage point for the Regular Class. 180 (b)By 0.01 percentage point for the Special Risk Class. 181 (c)By 0.01 percentage point for the DROP. 182 (2)The adjustments provided in subsection (1) are in 183 addition to any other changes to such contribution rates which 184 may be enacted into law to take effect on July 1, 2024. The 185 Division of Law Revision is directed to adjust accordingly the 186 contribution rates provided in s. 121.71, Florida Statutes. 187 Section 5.The Legislature determines and declares that 188 this act fulfills an important state interest. 189 Section 6.This act shall take effect July 1, 2024.