Florida Senate - 2018 COMMITTEE AMENDMENT Bill No. CS for SB 376 Ì945328;Î945328 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.