Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 376
       
       
       
       
       
       
                                Ì945328;Î945328                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/28/2018           .                                
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       The Committee on Appropriations (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsections (5) and (6) are added to section
    6  112.1815, Florida Statutes, to read:
    7         112.1815 Firefighters, paramedics, emergency medical
    8  technicians, and law enforcement officers; special provisions
    9  for employment-related accidents and injuries.—
   10         (5)(a)For the purposes of this section and chapter 440,
   11  and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
   12  and 440.151(2), posttraumatic stress disorder, as described in
   13  the Diagnostic and Statistical Manual of Mental Disorders, Fifth
   14  Edition, published by the American Psychiatric Association,
   15  suffered by a first responder is a compensable occupational
   16  disease within the meaning of subsection (4) and s. 440.151 if:
   17         1.The posttraumatic stress disorder resulted from the
   18  first responder acting within the course of his or her
   19  employment as provided in s. 440.091; and
   20         2.The first responder is examined and subsequently
   21  diagnosed with such disorder by a licensed psychiatrist who is
   22  an authorized treating physician as provided in chapter 440 due
   23  to one of the following events:
   24         a.Seeing for oneself a deceased minor;
   25         b.Directly witnessing the death of a minor;
   26         c.Directly witnessing an injury to a minor who
   27  subsequently died before or upon arrival at a hospital emergency
   28  department;
   29         d.Participating in the physical treatment of an injured
   30  minor who subsequently died before or upon arrival at a hospital
   31  emergency department;
   32         e.Manually transporting an injured minor who subsequently
   33  died before or upon arrival at a hospital emergency department;
   34         f.Seeing for oneself a decedent whose death involved
   35  grievous bodily harm of a nature that shocks the conscience;
   36         g.Directly witnessing a death, including suicide, that
   37  involved grievous bodily harm of a nature that shocks the
   38  conscience;
   39         h.Directly witnessing a homicide regardless of whether the
   40  homicide was criminal or excusable, including murder, mass
   41  killing as defined in 28 U.S.C. s. 530C, manslaughter, self
   42  defense, misadventure, and negligence;
   43         i.Directly witnessing an injury, including an attempted
   44  suicide, to a person who subsequently died before or upon
   45  arrival at a hospital emergency department if the person was
   46  injured by grievous bodily harm of a nature that shocks the
   47  conscience;
   48         j.Participating in the physical treatment of an injury,
   49  including an attempted suicide, to a person who subsequently
   50  died before or upon arrival at a hospital emergency department
   51  if the person was injured by grievous bodily harm of a nature
   52  that shocks the conscience; or
   53         k.Manually transporting a person who was injured,
   54  including by attempted suicide, and subsequently died before or
   55  upon arrival at a hospital emergency department if the person
   56  was injured by grievous bodily harm of a nature that shocks the
   57  conscience.
   58         (b)Such disorder must be demonstrated by clear and
   59  convincing medical evidence.
   60         (c)Benefits for a first responder under this subsection:
   61         1.Do not require a physical injury to the first responder;
   62  and
   63         2.Are not subject to:
   64         a.Apportionment due to a preexisting posttraumatic stress
   65  disorder;
   66         b.Any limitation on temporary benefits under s. 440.093;
   67  or
   68         c.The 1-percent limitation on permanent psychiatric
   69  impairment benefits under s. 440.15(3).
   70         (d)The time for notice of injury or death in cases of
   71  compensable posttraumatic stress disorder under this subsection
   72  is the same as in s. 440.151(6) and is measured from one of the
   73  qualifying events listed in subparagraph (a)2. or the
   74  manifestation of the disorder, whichever is later. A claim under
   75  this subsection must be properly noticed within 52 weeks after
   76  the qualifying event.
   77         (e)As used in this subsection, the term:
   78         1.“Directly witnessing” means to see or hear for oneself.
   79         2.“Manually transporting” means to perform physical labor
   80  to move the body of a wounded person for his or her safety or
   81  medical treatment.
   82         3.“Minor” has the same meaning as in s. 1.01(13).
   83         (f)The Department of Financial Services shall adopt rules
   84  specifying injuries qualifying as grievous bodily harm of a
   85  nature that shocks the conscience for the purposes of this
   86  subsection.
   87         (6)An employing agency of a first responder, including
   88  volunteer first responders, must provide educational training
   89  related to mental health awareness, prevention, mitigation, and
   90  treatment.
   91         Section 2. The Legislature determines and declares that
   92  this act fulfills an important state interest.
   93         Section 3. This act shall take effect October 1, 2018.
   94  
   95  ================= T I T L E  A M E N D M E N T ================
   96  And the title is amended as follows:
   97         Delete everything before the enacting clause
   98  and insert:
   99                        A bill to be entitled                      
  100         An act relating to workers’ compensation benefits for
  101         first responders; amending s. 112.1815, F.S.;
  102         providing that, under certain circumstances,
  103         posttraumatic stress disorder suffered by a first
  104         responder is an occupational disease compensable by
  105         workers’ compensation benefits; specifying the
  106         evidentiary standard for demonstrating such disorder;
  107         specifying that benefits do not require a physical
  108         injury and are not subject to certain apportionment or
  109         limitations; providing a time for notice of injury or
  110         death; providing definitions; requiring the Department
  111         of Financial Services to adopt certain rules;
  112         requiring an employing agency to provide specified
  113         mental health training; providing a declaration of
  114         important state interest; providing an effective date.