Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 664
       
       
       
       
       
       
                                Ì976104ÅÎ976104                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Banking and Insurance (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 156 - 349
    4  and insert:
    5         a. Being seriously injured by an inmate in a manner that
    6  shocks the conscience.
    7         b. Being taken hostage by an inmate or trapped in a life
    8  threatening situation as a result of an inmate’s act.
    9         c. Directly witnessing an injury, including an attempted
   10  suicide, to a person who subsequently dies before or upon
   11  arrival at a hospital emergency department if the person was
   12  injured by grievous bodily harm of a nature that shocks the
   13  conscience.
   14         d. Participating in the physical treatment of an injury,
   15  including an attempted suicide, to a person who subsequently
   16  dies before or upon arrival at a hospital emergency department
   17  if the person was injured by grievous bodily harm of a nature
   18  that shocks the conscience.
   19         e. Manually transporting a person who was injured,
   20  including by suicide attempt, and subsequently dies before or
   21  upon arrival at a hospital emergency department if the person
   22  was injured by grievous bodily harm of a nature that shocks the
   23  conscience.
   24         f. Directly witnessing a death, including a death by
   25  suicide, that involved grievous bodily harm of a nature that
   26  shocks the conscience.
   27         g. Directly witnessing a homicide regardless of whether the
   28  homicide was criminal or excusable, including murder, mass
   29  killing, manslaughter, self-defense, misadventure, and
   30  negligence.
   31         h. Seeing for oneself a decedent whose death involved
   32  grievous bodily harm of a nature that shocks the conscience.
   33         (3) The posttraumatic stress disorder must be demonstrated
   34  by clear and convincing medical evidence.
   35         (4) Benefits for a correctional officer or part-time
   36  correctional officer under this section:
   37         (a) Do not require a physical injury to the correctional
   38  officer or part-time correctional officer.
   39         (b) Are not subject to any of the following:
   40         1. Apportionment due to a preexisting posttraumatic stress
   41  disorder.
   42         2. Any limitation on temporary benefits under s. 440.093.
   43         3. The 1-percent limitation on permanent psychiatric
   44  impairment benefits under s. 440.15(3).
   45         (5) The time for notice of injury or death in cases of
   46  compensable posttraumatic stress disorder under this section is
   47  the same as in s. 440.151(6) and is measured from one of the
   48  qualifying events listed in paragraph (2)(b) or the
   49  manifestation of the disorder, whichever is later. A claim under
   50  this section must be properly noticed within 52 weeks after the
   51  qualifying event.
   52         (6) The Department of Financial Services shall adopt rules
   53  specifying injuries qualifying as grievous bodily harm of a
   54  nature that shocks the conscience for the purposes of this
   55  section.
   56         (7) An employing agency of a correctional officer or part
   57  time correctional officer shall provide educational training
   58  related to mental health awareness, prevention, mitigation, and
   59  treatment.
   60  
   61  ================= T I T L E  A M E N D M E N T ================
   62  And the title is amended as follows:
   63         Delete lines 3 - 16
   64  and insert:
   65         workers’ compensation for law enforcement and
   66         correctional officers; amending s. 112.1815, F.S.;
   67         defining the term “first responder” for the purposes
   68         of including part-time and auxiliary law enforcement
   69         officers for workers’ compensation benefits for
   70         posttraumatic stress disorder and for educational
   71         training related to mental health; creating s.
   72         112.18155, F.S.; defining terms; providing that, under
   73         certain circumstances, posttraumatic stress disorder
   74         suffered by correctional officers and part-time
   75         correctional officers is an occupational disease
   76         compensable