Florida Senate - 2023                              CS for SB 314
       
       
        
       By the Committee on Governmental Oversight and Accountability;
       and Senator Rodriguez
       
       
       
       
       585-02160-23                                           2023314c1
    1                        A bill to be entitled                      
    2         An act relating to licensed counseling for first
    3         responders, correctional officers, and correctional
    4         probation officers; amending s. 112.1815, F.S.;
    5         defining terms; requiring an employing agency of a
    6         first responder to pay for licensed counseling for
    7         certain first responders; specifying that such
    8         counseling is limited to addressing specified events;
    9         providing that such counseling is in addition to and
   10         separate from any benefits provided to the first
   11         responder; requiring that such counseling be completed
   12         within a specified timeframe; prohibiting the
   13         employing agency from requiring the first responder to
   14         use specified leave for such counseling under certain
   15         circumstances; authorizing a first responder to select
   16         a licensed mental health professional and providing
   17         requirements for the employing agency related thereto;
   18         specifying the maximum amount an employer may pay for
   19         such counseling; providing that payment by the
   20         employing agency for such counseling does not create a
   21         presumption of a compensable occupational disease;
   22         requiring employing agencies to submit a specified
   23         annual report to the Chief Financial Officer,
   24         beginning on a specified date; amending s. 112.18155,
   25         F.S.; defining the term “correctional probation
   26         officer”; requiring an employing agency of a
   27         correctional officer or a correctional probation
   28         officer to pay for licensed counseling for such
   29         officers under certain circumstances; specifying that
   30         such counseling is limited to addressing specified
   31         events; providing that such counseling is in addition
   32         to and separate from any benefits provided to a
   33         correctional officer or a correctional probation
   34         officer; requiring that such counseling be completed
   35         within a specified timeframe; prohibiting the
   36         employing agency from requiring a correctional officer
   37         or a correctional probation officer to use specified
   38         leave for such counseling under certain circumstances;
   39         authorizing a correctional officer or a correctional
   40         probation officer to select a licensed mental health
   41         professional and providing requirements for the
   42         employing agency related thereto; specifying the
   43         maximum amount an employer may pay for such
   44         counseling; providing that payment by the employing
   45         agency for such counseling does not create a
   46         presumption of a compensable occupational disease;
   47         requiring employing agencies to submit a specified
   48         annual report to the Chief Financial Officer,
   49         beginning on a specified date; providing a declaration
   50         of important state interest; providing an effective
   51         date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Subsection (1) of section 112.1815, Florida
   56  Statutes, is amended, and subsection (7) is added to that
   57  section, to read:
   58         112.1815 Firefighters, paramedics, emergency medical
   59  technicians, and law enforcement officers; special provisions
   60  for employment-related accidents and injuries.—
   61         (1) As used in this section, the term:
   62         (a)The term “First responder” as used in this section
   63  means a law enforcement officer as defined in s. 943.10, a
   64  firefighter as defined in s. 633.102, or an emergency medical
   65  technician or paramedic as defined in s. 401.23 employed by
   66  state or local government. A volunteer law enforcement officer,
   67  firefighter, or emergency medical technician or paramedic
   68  engaged by the state or a local government is also considered a
   69  first responder of the state or local government for purposes of
   70  this section.
   71         (b)“Licensed counseling” means counseling provided by a
   72  licensed mental health professional.
   73         (c)“Licensed mental health professional” means a
   74  psychiatrist licensed under chapter 458 or chapter 459, a
   75  psychologist as defined in s. 490.003, or a licensed
   76  practitioner under chapter 491.
   77         (7)(a)An employing agency of a first responder, including
   78  volunteer first responders, must pay for up to 12 hours of
   79  licensed counseling for a first responder who experiences an
   80  event listed in subparagraph (5)(a)2. in the course of his or
   81  her employment. The licensed counseling may be used only to
   82  address an event listed in subparagraph (5)(a)2. The licensed
   83  counseling may be in person or through telehealth in accordance
   84  with s. 456.47. The licensed counseling is in addition to, and
   85  separate from, any benefits already provided by an employer
   86  sponsored health plan or a group health insurance trust fund.
   87         (b)If a licensed mental health professional determines
   88  that the first responder needs additional hours of licensed
   89  counseling beyond the initial 12 hours and that the additional
   90  hours of licensed counseling are likely to improve the first
   91  responder’s condition, the employing agency of the first
   92  responder must pay for up to an additional 24 hours of licensed
   93  counseling for the first responder.
   94         (c)All hours of licensed counseling authorized under
   95  paragraphs (a) or (b) must be completed within 1 year after the
   96  first responder’s first visit to a licensed mental health
   97  professional.
   98         (d)The employing agency of the first responder may not
   99  require the first responder to use his or her accrued annual or
  100  vacation leave, personal leave, or sick leave if the first
  101  responder’s licensed counseling is scheduled during his or her
  102  established work hours.
  103         (e)A first responder may select a licensed mental health
  104  professional for licensed counseling under this subsection.
  105  However, if the licensed mental health professional selected by
  106  the first responder declines to provide such counseling, the
  107  employing agency of the first responder is not required to
  108  secure the counseling services of that licensed mental health
  109  professional and must provide a list of other qualified licensed
  110  mental health professionals to the first responder.
  111         (f)Payment by the employing agency of the first responder
  112  for licensed counseling under this subsection may not exceed
  113  $500 per hour and does not create a presumption that the first
  114  responder suffered a compensable occupational disease as defined
  115  in subsection (4) and s. 440.151(2).
  116         (g)Beginning on March 1, 2024, and each March 1
  117  thereafter, each employing agency of first responders shall
  118  submit a report to the Chief Financial Officer. The report must
  119  contain all of the following:
  120         1.The total number of employees, by employment category,
  121  who have participated in the program.
  122         2.A breakdown for each employment category which includes:
  123         a.The average number of visits per employee.
  124         b.The average number of months an employee participated in
  125  the program.
  126         c.The total number of employees who participated in the
  127  program and who subsequently filed a workers’ compensation
  128  claim.
  129         d.The total number of employees who have participated in
  130  the program and who received additional visits in addition to
  131  the 12 hours provided.
  132         Section 2. Present paragraphs (b), (c), and (d) of
  133  subsection (1) of section 112.18155, Florida Statutes, are
  134  redesignated as paragraphs (c), (d), and (e), respectively, a
  135  new paragraph (b) is added to that subsection, and subsection
  136  (8) is added to that section, to read:
  137         112.18155 Correctional officers and correctional probation
  138  officers; special provisions for posttraumatic stress
  139  disorders.—
  140         (1) As used in this section, the term:
  141         (b) Correctional probation officer” has the same meaning
  142  as in s. 943.10(3).
  143         (8)(a)An employing agency of a correctional officer or a
  144  correctional probation officer must pay for up to 12 hours of
  145  licensed counseling for a correctional officer or a correctional
  146  probation officer who experiences an event listed in paragraph
  147  (2)(b) in the course of his or her employment. The licensed
  148  counseling may be used only to address an event listed in
  149  paragraph (2)(b). The licensed counseling may be in person or
  150  through telehealth in accordance with s. 456.47. The licensed
  151  counseling is in addition to, and separate from, any benefits
  152  already provided by an employer-sponsored health plan or a group
  153  health insurance trust fund.
  154         (b)If a licensed mental health professional determines
  155  that the correctional officer or correctional probation officer
  156  needs additional hours of licensed counseling beyond the initial
  157  12 hours and that the additional hours of licensed counseling
  158  are likely to improve the correctional officer’s or the
  159  correctional probation officer’s condition, the employing agency
  160  of the correctional officer or the correctional probation
  161  officer must pay for up to an additional 24 hours of licensed
  162  counseling for the correctional officer or the correctional
  163  probation officer.
  164         (c)All hours of licensed counseling authorized under
  165  paragraphs (a) or (b) must be completed within 1 year after the
  166  correctional officer’s or the correctional probation officer’s
  167  first visit to a licensed mental health professional.
  168         (d)The employing agency of the correctional officer or the
  169  correctional probation officer may not require the correctional
  170  officer or the correctional probation officer to use his or her
  171  accrued annual or vacation leave, personal leave, or sick leave
  172  if the licensed counseling is scheduled during his or her
  173  established work hours.
  174         (e)A correctional officer or a correctional probation
  175  officer may select a licensed mental health professional for
  176  licensed counseling under this subsection. However, if the
  177  licensed mental health professional selected by the correctional
  178  officer or the correctional probation officer declines to
  179  provide such counseling, the employing agency of the
  180  correctional officer or the correctional probation officer is
  181  not required to secure the counseling services of that licensed
  182  mental health professional and must provide a list of other
  183  qualified licensed mental health professionals to the
  184  correctional officer or correctional probation officer.
  185         (f)Payment by the employing agency of the correctional
  186  officer or the correctional probation officer for licensed
  187  counseling under this subsection may not exceed $500 per hour
  188  and does not create a presumption that the correctional officer
  189  or the correctional probation officer suffered a compensable
  190  occupational disease as defined in subsection (2) and s.
  191  440.151(2).
  192         (g)Beginning on March 1, 2024, and each March 1
  193  thereafter, each employing agency of correctional officers and
  194  correctional probation officers shall submit a report to the
  195  Chief Financial Officer. The report must contain all of the
  196  following:
  197         1.The total number of employees, by employment category,
  198  who have participated in the program.
  199         2.A breakdown for each employment category which includes:
  200         a.The average number of visits per employee.
  201         b.The average number of months an employee participated in
  202  the program.
  203         c.The total number of employees who participated in the
  204  program and who subsequently filed a workers’ compensation
  205  claim.
  206         d.The total number of employees who have participated in
  207  the program and who received additional visits in addition to
  208  the 12 hours provided.
  209         Section 3. The Legislature determines and declares that
  210  this act fulfills an important state interest.
  211         Section 4. This act shall take effect July 1, 2023.