Senate Bill 664 (2022) — Posttraumatic stress disorder workers’ compensation for law enforcement, correctional, and correctional probation...
SB 664
Florida Bills
Florida Senate - 2022 SB 664 By Senator Bradley 5-00715-22 2022664__ Page 1 of 14 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to posttraumatic stress disorder 2 workers’ compensation for law enforcement, 3 correctional, and correctional probation officers; 4 amending s. 112.1815, F.S.; defining the term “first 5 responder” for the purposes of including part-time and 6 auxiliary law enforcement officers for workers’ 7 compensation benefits for posttraumatic stress 8 disorder and for educational training related to 9 mental health; creating ss. 112.18155 and 112.18156, 10 F.S.; defining terms; providing that, under certain 11 circumstances, posttraumatic stress disorder suffered 12 by correctional officers and part-time correctional 13 officers and by correctional probation officers and 14 part-time correctional probation officers, 15 respectively, is an occupational disease compensable 16 by workers’ compensation benefits; specifying the 17 evidentiary standard for demonstrating such disorder; 18 specifying that benefits do not require a physical 19 injury and are not subject to certain apportionment or 20 limitations; providing a time for notice of injury or 21 death; requiring the Department of Financial Services 22 to adopt certain rules; requiring an employing agency 23 to provide specified mental health training; amending 24 ss. 111.09, 119.071, and 627.659, F.S.; revising 25 cross-references; providing a declaration of important 26 state interest; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 2 of 14 CODING: Words stricken are deletions; words underlined are additions. 30
Section 1. Subsections (5) and (6) of
section 112.1815, 31 Florida Statutes, are amended to read: 32 112.1815 Firefighters, paramedics, emergency medical 33 technicians, and law enforcement officers; special provisions 34 for employment-related accidents and injuries and posttraumatic 35 stress disorder.— 36 (5)(
a) For the purposes of this
section and
chapter 440, 37 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093 38 and 440.151(2), posttraumatic stress disorder, as described in 39 the Diagnostic and Statistical Manual of Mental Disorders, Fifth 40 Edition, published by the American Psychiatric Association, 41 suffered by a first responder is a compensable occupational 42 disease within the meaning of subsection (4) and s. 440.151 if: 43 1. The posttraumatic stress disorder resulted from the 44 first responder acting within the course of his or her 45 employment as provided in s. 440.091; and 46 2.
The first responder is examined and subsequently 47 diagnosed with such disorder by a licensed psychiatrist who is 48 an authorized treating physician as provided in
chapter 440 due 49 to one of the following events: 50 a. Seeing for oneself a deceased minor; 51 b. Directly witnessing the death of a minor; 52 c. Directly witnessing an injury to a minor who 53 subsequently died before or upon arrival at a hospital emergency 54 department; 55 d. Participating in the physical treatment of an injured 56 minor who subsequently died before or upon arrival at a hospital 57 emergency department; 58
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 3 of 14 CODING: Words stricken are deletions; words underlined are additions. e. Manually transporting an injured minor who subsequently 59 died before or upon arrival at a hospital emergency department; 60 f. Seeing for oneself a decedent whose death involved 61 grievous bodily harm of a nature that shocks the conscience; 62 g. Directly witnessing a death, including suicide, that 63 involved grievous bodily harm of a nature that shocks the 64 conscience; 65 h.
Directly witnessing a homicide regardless of whether the 66 homicide was criminal or excusable, including murder, mass 67 killing as defined in 28 U.S.C. s. 530C, manslaughter, self-68 defense, misadventure, and negligence; 69 i. Directly witnessing an injury, including an attempted 70 suicide, to a person who subsequently died before or upon 71 arrival at a hospital emergency department if the person was 72 injured by grievous bodily harm of a nature that shocks the 73 conscience; 74 j.
Participating in the physical treatment of an injury, 75 including an attempted suicide, to a person who subsequently 76 died before or upon arrival at a hospital emergency department 77 if the person was injured by grievous bodily harm of a nature 78 that shocks the conscience; or 79 k. Manually transporting a person who was injured, 80 including by attempted suicide, and subsequently died before or 81 upon arrival at a hospital emergency department if the person 82 was injured by grievous bodily harm of a nature that shocks the 83 conscience. 84 (
b) Such disorder must be demonstrated by clear and 85 convincing medical evidence. 86 (
c) Benefits for a first responder under this subsection: 87
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 4 of 14 CODING: Words stricken are deletions; words underlined are additions. 1. Do not require a physical injury to the first responder; 88 and 89 2. Are not subject to: 90 a. Apportionment due to a preexisting posttraumatic stress 91 disorder; 92 b. Any limitation on temporary benefits under s. 440.093; 93 or 94 c. The 1-percent limitation on permanent psychiatric 95 impairment benefits under s. 440.15(3). 96 (
d) The time for notice of injury or death in cases of 97 compensable posttraumatic stress disorder under this subsection 98 is the same as in s. 440.151(6) and is measured from one of the 99 qualifying events listed in subparagraph (a)2. or the 100 manifestation of the disorder, whichever is later. A claim under 101 this subsection must be properly noticed within 52 weeks after 102 the qualifying event. 103 (
e) As used in this subsection, the term: 104 1. “Directly witnessing” means to see or hear for oneself. 105 2. “First responder” also includes a part-time law 106 enforcement officer as defined in s. 943.10(6) and an auxiliary 107 law enforcement officer as defined in s. 943.10(8). 108 3. “Manually transporting” means to perform physical labor 109 to move the body of a wounded person for his or her safety or 110 medical treatment. 111 4.3. “Minor” has the same meaning as in s. 1.01(13). 112 (
f) The Department of Financial Services shall adopt rules 113 specifying injuries qualifying as grievous bodily harm of a 114 nature that shocks the conscience for the purposes of this 115 subsection. 116
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 5 of 14 CODING: Words stricken are deletions; words underlined are additions.
(6) An employing agency of a first responder, including 117 volunteer first responders, must provide educational training 118 related to mental health awareness, prevention, mitigation, and 119 treatment. As used in this subsection, the term “first 120 responder” also includes a part-time law enforcement officer as 121 defined in s. 943.10(6) and an auxiliary law enforcement officer 122 as defined in s. 943.10(8). 123
Section
Section 112.18155, Florida Statutes, is created 124 to read: 125 112.18155 Correctional officers and part-time correctional 126 officers; special provisions for posttraumatic stress disorder.— 127
(1) As used in this section, the term: 128 (a) “Correctional officer” has the same meaning as in s. 129 943.10(2). 130 (b) “Directly witnessing” has the same meaning as in s. 131 112.1815(5)(e). 132 (c) “Manually transporting” has the same meaning as in s. 133 112.1815(5)(e). 134 (d) “Mass killing” means three or more killings in a single 135 incident. 136 (e) “Part-time correctional officer” has the same meaning 137 as in s. 943.10(7). 138
(2) For purposes of this
section and
chapter 440, and 139 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 140 disorder, as described in the Diagnostic and Statistical Manual 141 of Mental Disorders, Fifth Edition, published by the American 142 Psychiatric Association, suffered by a correctional officer or 143 part-time correctional officer is a compensable occupational 144 disease within the meaning of s. 440.151 if: 145
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 6 of 14 CODING: Words stricken are deletions; words underlined are additions. (
a) The posttraumatic stress disorder resulted from the 146 correctional officer or part-time correctional officer acting 147 within the course of his or her employment. 148 (
b) The correctional officer or part-time correctional 149 officer is: 150 1. Examined by a licensed psychiatrist who is an authorized 151 treating physician as provided in
chapter 440. 152 2. Diagnosed by the psychiatrist described in subparagraph 153 1. as suffering from posttraumatic stress disorder due to one of 154 the following events: 155 a. Breaking up a fight between inmates or trying to stop a 156 murder or suicide attempt committed by an inmate. 157 b. Being seriously injured, bitten, or beaten by an inmate. 158 c. Receiving a threat to himself or herself or to a loved 159 one which is made by an inmate or a person known to an inmate. 160 d. Being taken hostage by an inmate or trapped in a life-161 threatening situation as a result of an inmate’s act. 162 e.
Making a life-threatening mistake related to an inmate 163 or another correctional officer or part-time correctional 164 officer. 165 f. Not preventing, or not being able to prevent, a life-166 threatening situation involving an inmate or another 167 correctional officer or part-time correctional officer from 168 happening. 169 g. Killing or seriously injuring an inmate or another 170 correctional officer or part-time correctional officer. 171 h.
Directly witnessing an injury, including an injury 172 caused by a suicide attempt, to an inmate or another 173 correctional officer or part-time correctional officer who 174
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 7 of 14 CODING: Words stricken are deletions; words underlined are additions. subsequently died before or upon arrival at a hospital emergency 175 department or was injured by grievous bodily harm of a nature 176 that shocks the conscience. 177 i.
Participating in the physical treatment of an injury, 178 including an injury caused by a suicide attempt, to an inmate or 179 another correctional officer or part-time correctional officer 180 who subsequently died before or upon arrival at a hospital 181 emergency department or was injured by grievous bodily harm of a 182 nature that shocks the conscience. 183 j.
Manually transporting an inmate or another correctional 184 officer or part-time correctional officer who was injured, 185 including by a suicide attempt, by grievous bodily harm of a 186 nature that shocks the conscience or who subsequently died 187 before or upon arrival at a hospital emergency department. 188 k. Directly witnessing a death, including a death by 189 suicide, of an inmate or another correctional officer or part-190 time correctional officer which involved grievous bodily harm of 191 a nature that shocks the conscience. 192 l.
Directly witnessing a homicide committed by an inmate or 193 another correctional officer or part-time correctional officer, 194 regardless of whether the homicide was criminal or excusable, 195 including murder, mass killing, manslaughter, self-defense, 196 misadventure, and negligence. 197 m. Seeing for oneself a decedent whose death involved 198 grievous bodily harm of a nature that shocks the conscience. 199 n. Cleaning up an inmate’s cell or other areas of a 200 correctional institution after an injury or a death, including 201 an injury by a suicide attempt or a death by suicide. 202 o.
Encountering an inmate who was recently sexually 203
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 8 of 14 CODING: Words stricken are deletions; words underlined are additions. assaulted. 204
(3) The posttraumatic stress disorder must be demonstrated 205 by clear and convincing medical evidence. 206
(4) Benefits for a correctional officer or part-time 207 correctional officer under this section: 208 (
a) Do not require a physical injury to the correctional 209 officer or part-time correctional officer. 210 (
b) Are not subject to any of the following: 211 1. Apportionment due to a preexisting posttraumatic stress 212 disorder. 213 2. Any limitation on temporary benefits under s. 440.093. 214 3. The 1-percent limitation on permanent psychiatric 215 impairment benefits under s. 440.15(3). 216
(5) The time for notice of injury or death in cases of 217 compensable posttraumatic stress disorder under this
section is 218 the same as in s. 440.151(6) and is measured from one of the 219 qualifying events listed in paragraph (2)(
b) or the 220 manifestation of the disorder, whichever is later. A claim under 221 this
section must be properly noticed within 52 weeks after the 222 qualifying event. 223
(6) The Department of Financial Services shall adopt rules 224 specifying injuries qualifying as grievous bodily harm of a 225 nature that shocks the conscience for the purposes of this 226 section. 227
(7) An employing agency of a correctional officer or part-228 time correctional officer must provide educational training 229 related to mental health awareness, prevention, mitigation, and 230 treatment. 231
Section
Section 112.18156, Florida Statutes, is created 232
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 9 of 14 CODING: Words stricken are deletions; words underlined are additions. to read: 233 112.18156 Correctional probation officers and part-time 234 correctional probation officers; special provisions for 235 posttraumatic stress disorder.— 236
(1) As used in this section, the term: 237 (a) “Correctional probation officer” has the same meaning 238 as in s. 943.10(3). 239 (b) “Directly witnessing” has the same meaning as in s. 240 112.1815(5)(e). 241 (c) “Manually transporting” has the same meaning as in s. 242 112.1815(5)(e). 243 (d) “Mass killing” means three or more killings in a single 244 incident. 245 (e) “Part-time correctional probation officer” has the same 246 meaning as in s. 943.10(19). 247 (f) “Probationer” means a person assigned to a correctional 248 probation officer or part-time correctional probation officer 249 for supervised custody, surveillance, and control.
The term 250 includes, but is not limited to, an inmate, a parolee, and a 251 community controllee. 252 (g) “Probationer-related activity” means an unlawful act or 253 activity that a probationer or a person known to a probationer 254 engages in. 255
(2) For purposes of this
section and
chapter 440, and 256 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress 257 disorder, as described in the Diagnostic and Statistical Manual 258 of Mental Disorders, Fifth Edition, published by the American 259 Psychiatric Association, suffered by a correctional probation 260 officer or part-time correctional probation officer is a 261
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 10 of 14 CODING: Words stricken are deletions; words underlined are additions. compensable occupational disease within the meaning of s. 262 440.151 if: 263 (
a) The posttraumatic stress disorder resulted from the 264 correctional probation officer or part-time correctional 265 probation officer acting within the course of his or her 266 employment. 267 (
b) The correctional probation officer or part-time 268 correctional probation officer is: 269 1. Examined by a licensed psychiatrist who is an authorized 270 treating physician as provided in
chapter 440. 271 2. Diagnosed by the psychiatrist described in subparagraph 272 1. as suffering from posttraumatic stress disorder due to one of 273 the following events: 274 a. Being seriously injured or beaten by a probationer or by 275 a person known to a probationer or involved in a probationer-276 related activity. 277 b. Receiving a threat to himself or herself or to a loved 278 one which is made by a probationer or a person known to a 279 probationer or involved in a probationer-related activity. 280 c.
Being taken hostage by a probationer or a person known 281 to a probationer or involved in a probationer-related activity. 282 d. Being trapped in a life-threatening situation as the 283 result of a probationer-related activity. 284 e. Making a life-threatening mistake related to a 285 probationer or another person when trying to stop a probationer-286 related activity. 287 f. Not preventing, or not being able to prevent, a life-288 threatening situation involving a probationer from happening. 289 g. Killing or seriously injuring a probationer or another 290
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 11 of 14 CODING: Words stricken are deletions; words underlined are additions. person as a result of an intervention in a probationer-related 291 activity. 292 h. Directly witnessing an injury, including an injury 293 caused by a suicide attempt, to a probationer, or an injury 294 caused to another person in a probationer-related activity, and 295 the probationer or person subsequently died before or upon 296 arrival at a hospital emergency department or was injured by 297 grievous bodily harm of a nature that shocks the conscience. 298 i.
Participating in the physical treatment of an injury, 299 including by a suicide attempt, to a probationer, or an injury 300 to another person in a probationer-related activity, and the 301 probationer or person subsequently died before or upon arrival 302 at a hospital emergency department or was injured by grievous 303 bodily harm of a nature that shocks the conscience. 304 j. Manually transporting a probationer who was injured, 305 including by a suicide attempt, or another person who was 306 injured in a probationer-related activity, and: 307 (
I) The injury was by grievous bodily harm of a nature that 308 shocks the conscience; or 309 (II) The probationer or other person subsequently died 310 before or upon arrival at a hospital emergency department. 311 k. Directly witnessing a death, including a death by 312 suicide, of a probationer or a death of another person in a 313 probationer-related activity which involved grievous bodily harm 314 of a nature that shocks the conscience. 315 l. Directly witnessing a homicide committed by or against a 316 probationer, regardless of whether the homicide was criminal or 317 excusable, including murder, mass killing, manslaughter, self-318 defense, misadventure, and negligence. 319
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 12 of 14 CODING: Words stricken are deletions; words underlined are additions. m. Being assigned excessively high caseloads or high 320 special caseloads, such as caseloads of probationers who 321 recidivate or commit violent crimes. 322
(3) The posttraumatic stress disorder must be demonstrated 323 by clear and convincing medical evidence. 324
(4) Benefits for a correctional probation officer or part-325 time correctional probation officer under this section: 326 (
a) Do not require a physical injury to the correctional 327 probation officer or part-time correctional probation officer. 328 (
b) Are not subject to any of the following: 329 1. Apportionment due to a preexisting posttraumatic stress 330 disorder. 331 2. Any limitation on temporary benefits under s. 440.093. 332 3. The 1-percent limitation on permanent psychiatric 333 impairment benefits under s. 440.15(3). 334
(5) The time for notice of injury or death in cases of 335 compensable posttraumatic stress disorder under this
section is 336 the same as in s. 440.151(6) and is measured from one of the 337 qualifying events listed in paragraph (2)(
b) or the 338 manifestation of the disorder, whichever is later. A claim under 339 this
section must be properly noticed within 52 weeks after the 340 qualifying event. 341
(6) The Department of Financial Services shall adopt rules 342 specifying injuries qualifying as grievous bodily harm of a 343 nature that shocks the conscience for the purposes of this 344 section. 345
(7) An employing agency of a correctional probation officer 346 or part-time correctional probation officer must provide 347 educational training related to mental health awareness, 348
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 13 of 14 CODING: Words stricken are deletions; words underlined are additions. prevention, mitigation, and treatment. 349
Section 4. Paragraph (
a) of subsection (1) of
section 350 111.09, Florida Statutes, is amended to read: 351 111.09 Peer support for first responders.— 352
(1) For purposes of this section, the term: 353 (a) “First responder” has the same meaning as provided in 354 s. 112.1815(1) s. 112.1815 and includes 911 public safety 355 telecommunicators as defined in s. 401.465. 356
Section 5. Paragraph (
d) of subsection (3) of
section 357 119.071, Florida Statutes, is amended to read: 358 119.071 General exemptions from inspection or copying of 359 public records.— 360
(3) SECURITY AND FIRESAFETY.— 361 (d)1. Information relating to the Nationwide Public Safety 362 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et 363 seq., held by an agency is confidential and exempt from s. 364 119.07(1) and s. 24(a), Art. I of the State Constitution if 365 release of such information would reveal: 366 a. The design, development, construction, deployment, and 367 operation of network facilities; 368 b. Network coverage, including geographical maps indicating 369 actual or proposed locations of network infrastructure or 370 facilities; 371 c.
The features, functions, and capabilities of network 372 infrastructure and facilities; 373 d. The features, functions, and capabilities of network 374 services provided to first responders, as defined in s. 375 112.1815(1) s. 112.1815, and other network users; 376 e. The design, features, functions, and capabilities of 377
Florida Senate - 2022 SB 664 5-00715-22 2022664__ Page 14 of 14 CODING: Words stricken are deletions; words underlined are additions. network devices provided to first responders and other network 378 users; or 379 f. Security, including cybersecurity, of the design, 380 construction, and operation of the network and associated 381 services and products. 382 2. This paragraph is subject to the Open Government Sunset 383 Review Act in accordance with s. 119.15 and shall stand repealed 384 on October 2, 2023, unless reviewed and saved from repeal 385 through reenactment by the Legislature. 386
Section 6. Subsection (4) of
section 627.659, Florida 387 Statutes, is amended to read: 388 627.659 Blanket health insurance; eligible groups.—Blanket 389 health insurance is that form of health insurance which covers 390 special groups of individuals as enumerated in one of the 391 following subsections: 392
(4) Under a policy or contract issued in the name of a 393 volunteer fire department, first aid group, local emergency 394 management agency as defined in s. 252.34(6), or other group of 395 first responders as defined in s. 112.1815(1) s. 112.1815, which 396 is deemed the policyholder, covering all or any grouping of the 397 members or employees of the policyholder or covering all or any 398 participants in an activity or operation sponsored or supervised 399 by the policyholder. 400