Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. CS for SB 664
       
       
       
       
       
       
                                Ì481724*Î481724                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Bradley) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 131 - 204
    4  and insert:
    5         (c)“Grievous bodily harm of a nature that shocks the
    6  conscience” means the following:
    7         1.Degloving.
    8         2.Enucleation.
    9         3.Evisceration.
   10         4.Exposure of one or more of the following organs:
   11         a.Brain.
   12         b.Heart.
   13         c.Intestines.
   14         d.Kidney.
   15         e.Liver.
   16         f.Lung.
   17         5.Full or partial decapitation.
   18         6.Full or partial severance.
   19         7.Impalement.
   20         8.Third-degree burns on 9 percent or more of the body.
   21  
   22  This paragraph applies only for the purpose of determining
   23  compensability of employment-related posttraumatic stress
   24  disorder for correctional officers.
   25         (d)“Manually transporting” has the same meaning as in s.
   26  112.1815(5)(e).
   27         (e)“Mass killing” means three or more killings in a single
   28  incident.
   29         (f)“Part-time correctional officer” has the same meaning
   30  as in s. 943.10(7).
   31         (2)For purposes of this section and chapter 440, and
   32  notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
   33  disorder, as described in the Diagnostic and Statistical Manual
   34  of Mental Disorders, Fifth Edition, published by the American
   35  Psychiatric Association, suffered by a correctional officer or
   36  part-time correctional officer is a compensable occupational
   37  disease within the meaning of s. 440.151 if:
   38         (a)The posttraumatic stress disorder resulted from the
   39  correctional officer or part-time correctional officer acting
   40  within the course of his or her employment; and
   41         (b)The correctional officer or part-time correctional
   42  officer is:
   43         1.Examined by a licensed psychiatrist who is an authorized
   44  treating physician as provided in chapter 440; and
   45         2.Diagnosed by the psychiatrist described in subparagraph
   46  1. as suffering from posttraumatic stress disorder due to one of
   47  the following events:
   48         a.Being taken hostage by an inmate or trapped in a life
   49  threatening situation as a result of an inmate’s act.
   50         b.Directly witnessing an injury, including an attempted
   51  suicide, to a person who subsequently dies before or upon
   52  arrival at a hospital emergency department if the person was
   53  injured by grievous bodily harm of a nature that shocks the
   54  conscience.
   55         c.Participating in the physical treatment of an injury,
   56  including an attempted suicide, to a person who subsequently
   57  dies before or upon arrival at a hospital emergency department
   58  if the person was injured by grievous bodily harm of a nature
   59  that shocks the conscience.
   60         d.Manually transporting a person who was injured,
   61  including by suicide attempt, and subsequently dies before or
   62  upon arrival at a hospital emergency department if the person
   63  was injured by grievous bodily harm of a nature that shocks the
   64  conscience.
   65         e.Directly witnessing a death, including a death by
   66  suicide, that involved grievous bodily harm of a nature that
   67  shocks the conscience.
   68         f.Directly witnessing a homicide regardless of whether the
   69  homicide was criminal or excusable, including murder, mass
   70  killing, manslaughter, self-defense, misadventure, and
   71  negligence.
   72         g.Seeing for oneself a decedent whose death involved
   73  grievous bodily harm of a nature that shocks the conscience.
   74         (3)The posttraumatic stress disorder must be demonstrated
   75  by clear and convincing medical evidence.
   76         (4)Benefits for a correctional officer or part-time
   77  correctional officer under this section:
   78         (a)Do not require a physical injury to the correctional
   79  officer or part-time correctional officer.
   80         (b)Are not subject to any of the following:
   81         1.Apportionment due to a preexisting posttraumatic stress
   82  disorder.
   83         2.Any limitation on temporary benefits under s. 440.093.
   84         3.The 1-percent limitation on permanent psychiatric
   85  impairment benefits under s. 440.15(3).
   86         (5)The time for notice of injury or death in cases of
   87  compensable posttraumatic stress disorder under this section is
   88  the same as in s. 440.151(6) and is measured from one of the
   89  qualifying events listed in paragraph (2)(b) or the
   90  manifestation of the disorder, whichever is later. A claim under
   91  this section must be properly noticed within 52 weeks after the
   92  qualifying event.
   93  
   94  ================= T I T L E  A M E N D M E N T ================
   95  And the title is amended as follows:
   96         Delete lines 19 - 20
   97  and insert:
   98         notice of injury or death; requiring