The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 1490
INTRODUCER: Senator Burgess
SUBJECT: First Responders and Crime Scene Investigators
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. McVaney McVaney GO Pre-meeting
2. AEG
3. AP
I. Summary:
SB 1490 extends PTSD benefits to 911 public safety telecommunicators and crime scene
investigators who are diagnosed with PTSD after experiencing certain qualifying events, like
witnessing a death or grievous bodily injury, or verbally aiding a person who dies during a state
of emergency because first responders cannot be dispatched.
The bill also expands the definition of “first responder” relating to special rules for workers
compensation benefits to include law enforcement officers, firefighters, emergency medical
technicians (EMTs) and paramedics, 911 public safety telecommunicators, and federal law
enforcement officers, regardless of whether the employer is a state or local government or a
private sector entity.
The bill amends the special rules for workers compensation benefits for correctional officers to
allow the licensed psychiatrist to diagnose PTSD either in person or using telehealth.
The bill is expected to increase contributions to the Florida Retirement System by $3.9 million
system-wide.
The bill takes effect July 1, 2024.
II. Present Situation:
Diagnosis of Posttraumatic Stress Disorder
According to the American Psychiatric Association, Posttraumatic Stress Disorder (PTSD) is a
psychiatric disorder that may occur in people who have experienced or witnessed a traumatic
event, such as a natural disaster, serious accident, terrorist act, war, or rape; or people who have
REVISED: BILL: SB 1490 Page 2
been threatened with death, sexual violence, or serious injury.
1
Exposure to an upsetting
traumatic event may be indirect rather than first hand. PTSD can occur if a person learns of the
violent death of a close family member or friend, or is repeatedly exposed to the horrible details
of trauma.
2
Symptoms of PTSD may begin shortly after the traumatic event, or may not appear until years
after the event. For a person to be diagnosed with PTSD, symptoms must last for more than one
month and must cause significant distress or interfere with the individual’s daily functioning.
3
Symptoms may include flashbacks, nightmares and severe anxiety, as well as uncontrollable
thoughts about the event. This can lead to avoidance of any stimuli that recalls the traumatic
events, negative thoughts about oneself or the world, and changes in emotional reactions to
events, like being easily startled or having trouble sleeping or concentrating.
4
Rates of PTSD are higher among veterans, police officers, firefighters, and emergency medical
personnel.
5
Florida Workers’ Compensation System
Workers’ compensation is a no-fault system that provides medical benefits and compensation for
lost wages when an employee is injured or killed in the course of employment. Employers must
secure coverage, and may do so by purchasing insurance from an authorized carrier, qualifying
as a self-insurer, or purchasing coverage from the Florida Workers’ Compensation Joint
Underwriting Association, which is the state-sponsored insurer of last resort. In return for
providing compensation, the employer is relieved of civil tort liability for workplace injuries, and
may only be sued for intentional acts that result in injury or death.
6
In addition to on-the-job injuries, employers may be required to pay compensation or furnish
benefits if an occupational disease causes death or disablement.
7
In general, an occupational
disease is compensable if:
A condition peculiar to the occupation causes the disease;
Epidemiological studies show exposure to a specific substance involved, at the levels to
which the employee was exposed, may cause the disease;
The disease is the result of the nature of the employment, meaning the occupation presents a
particular hazard of the disease or the incidence of the disease is substantially higher in the
occupation than in the public;
The disease is contracted during the course and scope of employment; and
1
American Psychiatric Association, What is Posttraumatic Stress Disorder (PTSD)?, https://www.psychiatry.org/patients-
families/ptsd/what-is-ptsd, (last visited Jan. 26, 2024).
2
Id.
3
Id.
4
Mayo Clinic, Post-traumatic stress disorder (PTSD), https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-
disorder/symptoms-causes/syc-20355967 (last visited Jan. 26, 2024).
5
Institutes of Public Health, PTSD in First Responders, https://institutesofhealth.org/ptsd-in-first-responders (last visited
Jan. 26, 2024).
6
Sections 440.015, 440.09, 440.10, 440.38, and 627.313, F.S.
7
Section 440.151(1), F.S. BILL: SB 1490 Page 3
The nature of the employment is the major contributing cause of the disease, meaning the
cause is more than 50 percent responsible for the disease as compared to all other causes
combined, as demonstrated by medical evidence only.
8
Benefits for Temporary and Permanent Disability
An employer must pay compensation or furnish benefits if an employee suffers a compensable
injury or death “arising out of work performed in the course and scope of employment.”
9
Medical Benefits
Employees are entitled to receive all medically necessary remedial treatment, care, and
attendance, including medications, medical supplies, durable medical equipment, and prostheses,
for as long as the nature of the injury and process of recovery requires.
10
Indemnity Benefits
Payments for lost wages, known as indemnity benefits, may be required if an injured employee is
unable to work, as determined by an authorized treating medical provider, and typically begin on
the eighth day after the employee loses time from work.
11
Indemnity benefits fall into four
categories:
Permanent Total Disability – In the case of total disability adjudged to be permanent (i.e., the
employee is unable to engage in any type of employment), the employer or its insurance
carrier must pay two-thirds of the employee’s average weekly wages until the employee
reaches the age of 75.
12
Temporary Total Disability – In the case of disability total in character but temporary in
quality, the employer or its insurance carrier must pay two-thirds of the employee’s average
weekly wages until the employee returns to work or reaches maximum medical
improvement, but in no event more than 260 weeks (five years).
13
Permanent Impairment – Where an employee has reached maximum medical improvement,
is able to return to work, but has a permanent, but partial, physical impairment, the Three-
Member Panel
14
establishes and uses an impairment rating schedule which represents a
percentage of disability to the body as a whole; a monetary benefit is calculated based on the
percentage of impairment.
15
Temporary Partial Disability – Where an employee may work with restrictions, the employer
or its insurance carrier must pay 80% of the difference between his or her weekly earnings
prior to injury and post-injury. Payments may be required for up to 260 weeks.
16
8
Sections 440.09, and 440.151, F.S.
9
Section 440.09(1), F.S.
10
Section 440.13(2)(a), F.S.
11
Sections 440.14(1), and 440.20(2)(a), F.S.
12
Section 440.15(1), F.S.
13
Section 440.15(2)(a), F.S., limits disability benefits to 104 weeks (two years), but the Florida Supreme Court held that this
limit was unconstitutional and directed that a prior limit of 260 weeks (five years) be reinstated. See Westphal v. City of St.
Petersburg, 194 So. 3d 311 (Fla. 2016).
14
The Three-Member Panel consists of the Chief Financial Officer, or his or her designee, and two members appointed by
the Governor, subject to confirmation by the Senate. S. 440.13, F.S.
15
Section 440.15(3), F.S.
16
Section 440.15(4), F.S. BILL: SB 1490 Page 4
The minimum payment is $20 per week and the maximum payment is 100 percent of the
statewide average weekly wage, which is based on the average weekly wage paid by employers’
subject to the Florida Reemployment Assistance Program Law as reported to the Department of
Commerce.
17
Payments to injured workers who earn more than the statewide average weekly
wage are capped at the statewide average weekly wage that was in effect on the date of injury.
18
General Rules of Compensability for Mental or Nervous Injuries
Mental or Nervous injuries may be compensable, but only if the injury is accompanied by a
physical injury that requires medical treatment. Thus, if a workplace accident causes both a
physical injury and a related mental or nervous injury, both may be compensable so long as the
physical injury that requires medical treatment is the major contributing cause (at least 50
percent responsible) of the mental or nervous injury. A mental or nervous injury caused by
“stress, fright, or excitement” is not compensable.
19
As discussed above, an employee who is temporarily disabled by a workplace injury is eligible
for up to 260 weeks of disability benefits, which typically results in payment of about two-thirds
of the employee’s regular wages, beginning on the eighth day after the employee loses time from
work.
20
However, temporary disability benefits caused by a mental or nervous injury are limited
to six months after a claimant reaches maximum medical improvement for the physical injury
that triggered the mental or nervous injury.
21
For employees who are not first responders, benefits for mental or nervous injuries: 1) may last
no longer than six months from the date of the maximum medical improvement from the
physical injury,
22
and 2) may not exceed the 1 percent limit on permanent psychiatric impairment
benefits.
23
Special Rules for First Responders
Section 112.1815, F.S., grants “first responders” relaxed standards to make it easier for these
personnel to qualify for worker compensation benefits.
The term “first responder” includes:
A law enforcement officer as defined in s. 943.10, F.S.;
A firefighter as defined in s. 633.102; and
An emergency medical technician or paramedic as defined in 401.23.
24
17
Section 440.12(2), F.S.
18
Id.
19
Section 440.093, F.S.
20
See supra note 13.
21
Section 440.093(3), F.S.
22
Section 440.093, F.S.
23
Section 440.15(3(c), F.S.
24
Section 112.1815(1), F.S. BILL: SB 1490 Page 5
These personnel must be employed by state or local government; although “volunteer” law
enforcement officers, firefighters, EMTs and paramedics “engaged” by a state or local
government are considered first responders for this law.
25
When determining benefits under s. 112.1815, F.S., the following apply:
An injury or disease caused by exposure to a toxic substance is not an injury by accident
arising out of employment unless there is a preponderance of the evidence establishing that
exposure to the specific substance involved, at the levels the first responder was exposed, can
cause the injury or disease sustained by the first responder.
An adverse result or complication caused by the smallpox vaccination of a first responder is
deemed an injury by accident arising out of work performed in the course and scope of
employment.
A mental or nervous injury involving a first responder and occurring as a manifestation of a
compensable injury must be demonstrated by clear and convincing evidence. For a mental or
nervous injury arising out of the employment unaccompanied by a physical injury involving
a first responder, only medical benefits under the workers compensation program shall be
payable for the mental or nervous injury. However, payment of indemnity as provided in s.
440.15, F.S., nay not be made unless a physical injury arising out of injury as a first
responder accompanies the mental or nervous injury. Benefits for a first responder are not
subject to any limitation on temporary benefits under s. 440.093, F.S., or the 1-percent
limitation on permanent psychiatric impairment benefits under s. 440.13(3)(c), F.S.
26
The term “occupational disease” means only a disease that arises out of employment as a first
responder and is due to causes and conditions that are characteristic of and peculiar to a
particular trade, occupation, process, or employment and excludes all ordinary diseases of life to
which the general public is exposed, unless the incidence of the disease is substantially higher in
the particular trade, occupation, process, or employment than for the general public.
27
In cases
involving occupational disease, both causation and sufficient exposure to a specific harmful
substance shown to be present in the workplace to support causation must be proven by a
preponderance of the evidence.
Medical benefits and compensation for lost wages for first responders who are diagnosed with
PTSD (as described by the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition,
published by the American Psychiatric Association) are permitted.
Posttraumatic stress disorder (PTSD), as described in the Diagnostic and Statistical Manual of
Mental Disorders, Fifth Edition, published by the American Psychiatric Association, suffered by
a first responder is a compensable occupational disease if:
The posttraumatic stress disorder resulted from the first responder acting within the course of
his or her employment; and
The first responder is examined and subsequently diagnosed with such disorder by a licensed
psychiatrist, in person or through telehealth, due to one of the following events:
o Seeing a deceased minor;
25
Id.
26
Section 112.1815(2)(a), F.S.
27
Section 112.1815(4), F.S. BILL: SB 1490 Page 6
o Directly witnessing the death of a minor;
o Directly witnessing an injury to a minor who subsequently dies before or upon arrival at a
hospital emergency department;
o Participating in the treatment of an injured minor who subsequently dies before or on
arrival at a hospital emergency department;
o Manually transporting an injured minor who subsequently dies before or on arrival at a
hospital emergency department;
o Seeing a decedent whose death was due to grievous bodily harm of a nature that shocks
the conscience;
o Directly witnessing a death (including suicide) that involved grievous bodily harm of a
nature that shocks the conscience;
o Directly witnessing a homicide, whether criminal or excusable, including murder, mass
killing, manslaughter, self-defense, misadventure, and negligence;
o Directly witnessing an injury (including an attempted suicide) to a person who
subsequently dies before or upon arrival at a hospital emergency department if the person
was injured by grievous bodily harm of a nature that shocks the conscience;
o Participating in the treatment of an injury (including attempted suicide) to a person who
subsequently dies before or upon arrival at a hospital emergency department if the person
was injured by grievous bodily harm of a nature that shocks the conscience; or
o Manually transporting a person who was injured (including by attempted suicide) who
subsequently dies before or upon arrival at a hospital emergency department if the person
was injured by grievous bodily harm of a nature that shocks the conscience.
28
The PSTD must be demonstrated by clear and convincing evidence.
29
However, benefits for a
first responder do not require a physical injury and are not subject to:
Apportionment due to a preexisting PTSD;
Any limitation on temporary benefits; or
The 1-percent limitation on permanent psychiatric impairment benefits.
30
Permanent total supplemental benefits received by a first responder whose employer does not
participate in the social security program shall not terminate after the first responder attains the
age of 62.
31
Special Rules for Correctional Officers
In 2022, s. 112.18155, F., S., was created to authorize medical benefits and compensation for lost
wages for correctional officers who are diagnosed with PTSD. As a result, a correctional officer
who experiences one of the following qualifying events need not suffer a physical injury to
qualify for medical benefits and be compensated for lost wages:
Being taken hostage by an inmate or trapped in a life-threatening situation as a result of an
inmate's act;
28
Section 112.1815(5)(a), F.S.
29
Section 112.1815(5)(b), F.S.
30
Section 112.1815(5)(c), F.S.
31
Section 112.1815(3), F.S. BILL: SB 1490 Page 7
Directly witnessing a death (including a death due to suicide) of a person who suffered
grievous bodily harm of a nature that shocks the conscience;
Directly witnessing an injury (including an attempted suicide) to a person who subsequently
dies before or upon arrival at a hospital emergency department if the person was injured by
grievous bodily harm of a nature that shocks the conscience;
Participating in the physical treatment of an injury, or manually transporting a person who
was injured (including by attempted suicide) who subsequently dies before or upon arrival at
a hospital emergency department if the person was injured by grievous bodily harm of a
nature that shocks the conscience;
Directly witnessing a homicide regardless of whether the homicide was criminal or
excusable, including murder, mass killing (three or more killings in a single incident),
manslaughter, self-defense, misadventure, and negligence; or
Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that
shocks the conscience.
32
Eligibility of First Responders and Correctional Officers for PTSD Benefits
To be eligible for workers’ compensation benefits for PTSD, the above-mentioned first
responders and correctional officers must demonstrate that they were acting within the scope of
employment when they experienced a qualifying event,
33
that they were diagnosed with PTSD
by the employer or carrier’s authorized treating physician,
34
and that they reported the injury to
their employer within 90 days of a qualifying event or the manifestation of PTSD, whichever is
later.
35
If the employer or carrier denies benefits, the employee must file a claim for benefits
within one year after the qualifying event or diagnosis of PTSD, whichever is later.
36
The Division of Workers’ Compensation within the Department of Financial Services (DFS)
adopted Rule 69L-3.009, F.A.C., to specify the types of injuries that qualify as grievous bodily
harm of a nature that shocks the conscience. This rule is used to administer s. 112.1815, F.S.,
relating to specified first responders (for firefighters, paramedics, emergency medical
technicians, and law enforcement officers) and s. 112.18155, F.S., relating to correctional
officers.
III. Effect of Proposed Changes:
Section 1 amends s. 112.1815, F.S, to expand the definition of “first responder” to include
correctional officers, 911 public safety telecommunicators, and federal law enforcement officers.
With this expansion, these new positions will be eligible for medical benefits and lost wages
similar to the law enforcement officers, firefighters, EMTs, and paramedics.
The section also removes the requirement that the first responders be employed by state and local
governments.
32
Section 112.18155, F.S.
33
Sections 112.1815(5) and 112.18155(2)(a)1, F.S.
34
Sections 112.1815(5)(a)2 and 112.18155(2)(b), F.S.
35
Sections 112.1815(5)(d) and 112.18155(5), F.S.
36
Id. BILL: SB 1490 Page 8
Section 2 amends s. 112.18155, F.S., to eliminate the requirement that the PTSD for a
correctional officer resulted from the officer acting in the course of employment as provided in s.
440.091, F.S. (this appears to be a technical correction because s. 440.091, F.S., does not appear
to apply to correctional officers). The section also allows the licensed psychiatrist to diagnose
PTSD in person or through telehealth (this is consistent with s. 112.1815, F.S.).
Section 3 creates s. 112.18156, F.S., to provide special rules regarding medical benefits and lost
wages for crime scene investigators diagnosed with PTSD. These rules are similar to those
applied in ss. 112.1815 and 112.18155, F.S.
The section defines “crime scene investigator” to mean a forensic member of a law enforcement
agency, government, or civilian crime laboratory whose primary responsibility is to document,
identify, collect, or preserve forensic evidence and whose primary responsibilities include, but
are not limited to, collecting evidence such as fingerprints, footprints, tire tracks, blood and other
biological fluids, fibers, and fire debris.
The psychiatrist must determine that the PTSD is a result of one of the following events:
Directly witnessing a death, including a death due to suicide, that involved grievous bodily
harm of a nature that shocks the conscience;
Directly witnessing the death of a minor;
Directly witnessing an injury, including an attempted suicide, to a person who subsequently
dies before or upon arrival at a hospital emergency department if the person was injured by
grievous bodily harm of a nature that shocks the conscience;
Directly witnessing an injury to a minor who subsequently dies before or upon arrival at a
hospital emergency department;
Directly witnessing a homicide regardless of whether the homicide was criminal or
excusable, including murder, mass killing, manslaughter, self-defense, misadventure, and
negligence;
Seeing for oneself a deceased minor;
Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that
shocks the conscience; or
Seeing for oneself a decedent who is in an advanced stage of decomposition.
Section 4 provides a legislative finding that the bill fulfills an important state interest.
Section 5 provides that the act takes effect July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Article VII, s. 18(a) of the State Constitution provides that: “No county or municipality
shall be bound by any general law requiring such county or municipality to spend
funds...unless the legislature has determined that such law fulfills an important state
interest and unless: ...the law requiring such expenditure is approved by two-thirds of the
membership of each house of the legislature . . . or the expenditure is required to comply
with a law that applies to all persons similarly situated….” BILL: SB 1490 Page 9
This bill includes legislative findings that the bill fulfills important state interests, and the
bill appears to apply to all persons similarly situated (those employers participating in the
Florida Retirement System and those employers employing 911 public safety
telecommunicators and crime scene investigators), including state agencies, school
boards, state universities, community colleges, counties, municipalities, and special
districts.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
Article X, s. 14 of the State Constitution requires that benefit improvements under public
pension plans in the State of Florida must be concurrently funded on a sound actuarial
basis, as set forth below:
Section 14. State retirement systems benefit changes. – A governmental
unit responsible for any retirement or pension system supported in whole
or in part by public funds shall not after January 1, 1977, provide any
increase in the benefits to the members or beneficiaries of such system
unless such unit has made or concurrently makes provisions for the
funding of the increase in benefits on a sound actuarial basis.
Article X, s. 14 of the State Constitution is implemented by statute under part VII of
ch. 112, F.S, the “Florida Protection of Public Employee Retirement Benefits Act” (Act).
The Act establishes minimum standards for the operation and funding of the public
employee retirement systems and plans in Florida. The Act prohibits the use of any
procedure, methodology, or assumptions the effect of which is to transfer to future
taxpayers any portion of the costs which may reasonably have been expected to be paid
by the current taxpayers.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None. BILL: SB 1490 Page 10
B. Private Sector Impact:
The bill removes the requirement that the “first responders” must be employed by state or
local government for the special rules contained in s. 112.1815, F.S, relating to certain
occupational diseases to apply. It is unclear to what extent these occupations are
employed by private sector businesses, other than correctional officers, EMTs, and
paramedics. Thus, the private sector may experience additional costs associated with the
changes made to s. 112.1815, F.S.
C. Government Sector Impact:
The bill is expected to increase contributions to the Florida Retirement System by $3.9
million system-wide.
VI. Technical Deficiencies:
Line 41 of the bill includes “correctional officer, as defined in s. 943.10(2), F.S., in the definition
of “first responder”. This suggests a correctional officer will be eligible for benefits under either
s. 112.1815 or s. 112.18155, F.S.
VII. Related Issues:
The state actuary under contract with the Department of Management Services completed a
special study to determine the actuarial impact on the Florida Retirement System of the changes
made by this bill regarding 911 public safety telecommunicators and crime scene invesigators.
The state actuary determined the system-wide costs to increase $3.9 million annually. These
costs are borne by the FRS-participating employers who employ Regular Class and Special Risk
Class members and DROP participants. The table below notes the costs by employer group.
37
Employer Group Increase in Annual
Contributions
State $0.5 m
School Boards $1.7 m
Universities and
Colleges
$0.3 m
Counties $1.1 m
Other $0.2 m
Total $3.9 m
37
Milliman, Special Actuarial Study of PTSD Presumption for Public Safety Telecommunicators and Crime Scene
Investigators, Table 2, Effect of Proposed Blended Statutory Employer Contribution Rates for 2024-2025 Plan Year Impact
to FRS Pension Plan and FRS Investment Plan of Proposed Concept Telecommunicator and Crime Scene Investigator PTSD
Presumption Study, at p. 2 (Jan. 23, 2024) (On file with Senate Committee on Governmental Oversight and Accountability). BILL: SB 1490 Page 11
VIII. Statutes Affected:
This bill substantially amends sections 112.1815, 112.18155, of the Florida Statutes.
This bill creates section 112.18156 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.