Florida Senate - 2024 SB 1490
By Senator Burgess
23-00344A-24 20241490__
1 A bill to be entitled
2 An act relating to first responders and crime scene
3 investigators; amending s. 112.1815, F.S.; defining
4 the term “first responder”; amending s. 112.18155,
5 F.S.; authorizing certain diagnoses to be made through
6 telehealth; removing a cross-reference; creating s.
7 112.18156, F.S.; defining terms; providing that
8 posttraumatic stress disorder suffered by a crime
9 scene investigator is a compensable occupational
10 disease under certain circumstances; authorizing
11 certain diagnoses to be made through telehealth;
12 specifying the evidentiary standard for demonstrating
13 such disorder; specifying that benefits do not require
14 a physical injury and are not subject to certain
15 apportionment or limitations; providing requirements
16 for benefits offered to a crime scene investigator for
17 posttraumatic stress disorder; specifying when a claim
18 for posttraumatic stress disorder must be noticed;
19 requiring a crime scene investigator’s employing
20 agency to provide specified mental health training;
21 requiring the Department of Financial Services to
22 adopt rules; declaring that the act fulfills an
23 important state interest; providing an effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. Subsection (1) of section 112.1815, Florida
28 Statutes, is amended to read:
29 112.1815 Firefighters, paramedics, emergency medical
30 technicians, and law enforcement officers; special provisions
31 for employment-related accidents and injuries.—
32 (1) The term “first responder” As used in this section, the
33 term “first responder” means any of the following persons who is
34 a full-time paid employee, a part-time paid employee, or an
35 unpaid volunteer:
36 (a) A law enforcement officer, as defined in s. 943.10(1).
37 s. 943.10,
38 (b) A firefighter, as defined in s. 633.102., or
39 (c) An emergency medical technician or a paramedic, as
40 those terms are defined in s. 401.23.
41 (d) A correctional officer, as defined in s. 943.10(2).
42 (e) A 911 public safety telecommunicator, as defined in s.
43 401.465(1).
44 (f) A federal law enforcement officer, as defined in s.
45 901.1505(1) employed by state or local government. A volunteer
46 law enforcement officer, firefighter, or emergency medical
47 technician or paramedic engaged by the state or a local
48 government is also considered a first responder of the state or
49 local government for purposes of this section.
50 Section 2. Subsection (2) of section 112.18155, Florida
51 Statutes, is amended to read:
52 112.18155 Correctional officers; special provisions for
53 posttraumatic stress disorders.—
54 (2) For purposes of this section and chapter 440, and
55 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
56 disorder, as described in the Diagnostic and Statistical Manual
57 of Mental Disorders, Fifth Edition, published by the American
58 Psychiatric Association, suffered by a correctional officer is a
59 compensable occupational disease within the meaning of s.
60 440.151 if both of the following apply:
61 (a) The posttraumatic stress disorder resulted from the
62 correctional officer acting within the course of his or her
63 employment as provided in s. 440.091.
64 (b) The correctional officer is examined and subsequently
65 diagnosed with such disorder by a licensed psychiatrist, in
66 person or through telehealth as that term is defined in s.
67 456.47(1), who is an authorized treating physician as provided
68 in chapter 440 due to one of the following events:
69 1. Being taken hostage by an inmate or trapped in a life
70 threatening situation as a result of an inmate’s act;
71 2. Directly witnessing a death, including a death due to
72 suicide, of a person who suffered grievous bodily harm of a
73 nature that shocks the conscience;
74 3. Directly witnessing an injury, including an attempted
75 suicide, to a person who subsequently dies before or upon
76 arrival at a hospital emergency department if the person was
77 injured by grievous bodily harm of a nature that shocks the
78 conscience;
79 4. Participating in the physical treatment of an injury, or
80 manually transporting a person who was injured, including by
81 attempted suicide, who subsequently dies before or upon arrival
82 at a hospital emergency department if the person was injured by
83 grievous bodily harm of a nature that shocks the conscience;
84 5. Directly witnessing a homicide regardless of whether the
85 homicide was criminal or excusable, including murder, mass
86 killing, manslaughter, self-defense, misadventure, and
87 negligence; or
88 6. Seeing for oneself a decedent whose death involved
89 grievous bodily harm of a nature that shocks the conscience.
90 Section 3. Section 112.18156, Florida Statutes, is created
91 to read:
92 112.18156 Crime scene investigators; special provisions for
93 posttraumatic stress disorders.—
94 (1) As used in this section, the term:
95 (a) “Advanced stage of decomposition” means the breaking
96 down of soft tissue, skin, and hair, as well as muscle and
97 connective tissue.
98 (b) “Crime scene investigator” means a forensic member of a
99 law enforcement agency, government, or civilian crime laboratory
100 whose primary responsibility is to document, identify, collect,
101 or preserve forensic evidence relevant to a law enforcement,
102 death, or natural disaster investigation, and whose primary
103 responsibilities include, but are not limited to, collecting
104 evidence such as fingerprints, footprints, tire tracks, blood
105 and other biological fluids, fibers, and fire debris.
106 (c) “Directly witnessing” means to see or hear for oneself.
107 (d) “Mass killing” means three or more killings in a single
108 incident.
109 (2) For purposes of this section and chapter 440, and
110 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
111 disorder, as described in the Diagnostic and Statistical Manual
112 of Mental Disorders, Fifth Edition, published by the American
113 Psychiatric Association, suffered by a crime scene investigator
114 is a compensable occupational disease within the meaning of s.
115 440.151 if both of the following apply:
116 (a) The posttraumatic stress disorder resulted from the
117 crime scene investigator acting within the course of his or her
118 employment.
119 (b) The crime scene investigator is examined and
120 subsequently diagnosed with such disorder by a licensed
121 psychiatrist, in person or through telehealth as that term is
122 defined in s. 456.47(1), who is an authorized treating physician
123 as provided in chapter 440 due to one of the following events:
124 1. Directly witnessing a death, including a death due to
125 suicide, that involved grievous bodily harm of a nature that
126 shocks the conscience;
127 2. Directly witnessing the death of a minor;
128 3. Directly witnessing an injury, including an attempted
129 suicide, to a person who subsequently dies before or upon
130 arrival at a hospital emergency department if the person was
131 injured by grievous bodily harm of a nature that shocks the
132 conscience;
133 4. Directly witnessing an injury to a minor who
134 subsequently dies before or upon arrival at a hospital emergency
135 department;
136 5. Directly witnessing a homicide regardless of whether the
137 homicide was criminal or excusable, including murder, mass
138 killing, manslaughter, self-defense, misadventure, and
139 negligence;
140 6. Seeing for oneself a deceased minor;
141 7. Seeing for oneself a decedent whose death involved
142 grievous bodily harm of a nature that shocks the conscience; or
143 8. Seeing for oneself a decedent who is in an advanced
144 stage of decomposition.
145 (3) The posttraumatic stress disorder must be demonstrated
146 by clear and convincing medical evidence.
147 (4) Benefits for a crime scene investigator under this
148 section:
149 (a) Do not require a physical injury to the crime scene
150 investigator.
151 (b) Are not subject to any of the following:
152 1. Apportionment due to a preexisting posttraumatic stress
153 disorder.
154 2. Any limitation on temporary benefits under s. 440.093.
155 3. The 1-percent limitation on permanent psychiatric
156 impairment benefits under s. 440.15(3).
157 (5) The time for notice of injury or death in cases of
158 compensable posttraumatic stress disorder under this section is
159 the same as in s. 440.151(6) and is measured from one of the
160 qualifying events listed in paragraph (2)(b) or the diagnosis of
161 the disorder, whichever is later. A claim under this section
162 must be properly noticed within 52 weeks after the qualifying
163 event or the diagnosis of the disorder, whichever is later.
164 (6) The employing agency of a crime scene investigator must
165 provide educational training related to mental health awareness,
166 prevention, mitigation, and treatment.
167 (7) The Department of Financial Services shall adopt rules
168 specifying injuries qualifying as grievous bodily harm of a
169 nature that shocks the conscience for the purposes of this
170 section.
171 Section 4. The Legislature determines and declares that
172 this act fulfills an important state interest.
173 Section 5. This act shall take effect July 1, 2024.