Florida Senate - 2018                       CS for CS for SB 376
       
       
        
       By the Committees on Appropriations; and Banking and Insurance;
       and Senators Book, Young, Taddeo, Montford, Stewart, Rader, and
       Campbell
       
       
       
       576-03834-18                                           2018376c2
    1                        A bill to be entitled                      
    2         An act relating to workers’ compensation benefits for
    3         first responders; amending s. 112.1815, F.S.;
    4         providing that, under certain circumstances,
    5         posttraumatic stress disorder suffered by a first
    6         responder is an occupational disease compensable by
    7         workers’ compensation benefits; specifying the
    8         evidentiary standard for demonstrating such disorder;
    9         specifying that benefits do not require a physical
   10         injury and are not subject to certain apportionment or
   11         limitations; providing a time for notice of injury or
   12         death; providing definitions; requiring the Department
   13         of Financial Services to adopt certain rules;
   14         requiring an employing agency to provide specified
   15         mental health training; providing a declaration of
   16         important state interest; providing an effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Subsections (5) and (6) are added to section
   21  112.1815, Florida Statutes, to read:
   22         112.1815 Firefighters, paramedics, emergency medical
   23  technicians, and law enforcement officers; special provisions
   24  for employment-related accidents and injuries.—
   25         (5)(a)For the purposes of this section and chapter 440,
   26  and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
   27  and 440.151(2), posttraumatic stress disorder, as described in
   28  the Diagnostic and Statistical Manual of Mental Disorders, Fifth
   29  Edition, published by the American Psychiatric Association,
   30  suffered by a first responder is a compensable occupational
   31  disease within the meaning of subsection (4) and s. 440.151 if:
   32         1.The posttraumatic stress disorder resulted from the
   33  first responder acting within the course of his or her
   34  employment as provided in s. 440.091; and
   35         2.The first responder is examined and subsequently
   36  diagnosed with such disorder by a licensed psychiatrist who is
   37  an authorized treating physician as provided in chapter 440 due
   38  to one of the following events:
   39         a.Seeing for oneself a deceased minor;
   40         b.Directly witnessing the death of a minor;
   41         c.Directly witnessing an injury to a minor who
   42  subsequently died before or upon arrival at a hospital emergency
   43  department;
   44         d.Participating in the physical treatment of an injured
   45  minor who subsequently died before or upon arrival at a hospital
   46  emergency department;
   47         e.Manually transporting an injured minor who subsequently
   48  died before or upon arrival at a hospital emergency department;
   49         f.Seeing for oneself a decedent whose death involved
   50  grievous bodily harm of a nature that shocks the conscience;
   51         g.Directly witnessing a death, including suicide, that
   52  involved grievous bodily harm of a nature that shocks the
   53  conscience;
   54         h.Directly witnessing a homicide regardless of whether the
   55  homicide was criminal or excusable, including murder, mass
   56  killing as defined in 28 U.S.C. s. 530C, manslaughter, self
   57  defense, misadventure, and negligence;
   58         i.Directly witnessing an injury, including an attempted
   59  suicide, to a person who subsequently died before or upon
   60  arrival at a hospital emergency department if the person was
   61  injured by grievous bodily harm of a nature that shocks the
   62  conscience;
   63         j.Participating in the physical treatment of an injury,
   64  including an attempted suicide, to a person who subsequently
   65  died before or upon arrival at a hospital emergency department
   66  if the person was injured by grievous bodily harm of a nature
   67  that shocks the conscience; or
   68         k.Manually transporting a person who was injured,
   69  including by attempted suicide, and subsequently died before or
   70  upon arrival at a hospital emergency department if the person
   71  was injured by grievous bodily harm of a nature that shocks the
   72  conscience.
   73         (b)Such disorder must be demonstrated by clear and
   74  convincing medical evidence.
   75         (c)Benefits for a first responder under this subsection:
   76         1.Do not require a physical injury to the first responder;
   77  and
   78         2.Are not subject to:
   79         a.Apportionment due to a preexisting posttraumatic stress
   80  disorder;
   81         b.Any limitation on temporary benefits under s. 440.093;
   82  or
   83         c.The 1-percent limitation on permanent psychiatric
   84  impairment benefits under s. 440.15(3).
   85         (d)The time for notice of injury or death in cases of
   86  compensable posttraumatic stress disorder under this subsection
   87  is the same as in s. 440.151(6) and is measured from one of the
   88  qualifying events listed in subparagraph (a)2. or the
   89  manifestation of the disorder, whichever is later. A claim under
   90  this subsection must be properly noticed within 52 weeks after
   91  the qualifying event.
   92         (e)As used in this subsection, the term:
   93         1.“Directly witnessing” means to see or hear for oneself.
   94         2.“Manually transporting” means to perform physical labor
   95  to move the body of a wounded person for his or her safety or
   96  medical treatment.
   97         3.“Minor” has the same meaning as in s. 1.01(13).
   98         (f)The Department of Financial Services shall adopt rules
   99  specifying injuries qualifying as grievous bodily harm of a
  100  nature that shocks the conscience for the purposes of this
  101  subsection.
  102         (6)An employing agency of a first responder, including
  103  volunteer first responders, must provide educational training
  104  related to mental health awareness, prevention, mitigation, and
  105  treatment.
  106         Section 2. The Legislature determines and declares that
  107  this act fulfills an important state interest.
  108         Section 3. This act shall take effect October 1, 2018.