PCS for HB 425 (2022): An act relating to posttraumatic stress disorder benefits and peer support programs
Summary
PCS for HB 425 (2022) is a bill to be entitled an act relating to posttraumatic stress disorder benefits and peer support programs. Section 1 amends s. 112.1815, F.S., so that posttraumatic stress disorder suffered by a first responder is a compensable occupational disease if diagnosed by a licensed psychiatrist and tied to a listed event documented in an employing agency report. Section 2 creates s. 112.18155, F.S., for correctional officers and part-time correctional officers. The title also lists a new s. 111.095, F.S., limiting what peer support officers may divulge. Section 9 states that the act takes effect July 1, 2022.
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“PCS for HB 425 (2022): An act relating to posttraumatic stress disorder benefits and peer support programs.”
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
PCS for HB 425 2022
1 A bill to be entitled
2 An act relating to posttraumatic stress disorder
3 benefits and peer support programs; amending s.
4 112.1815, F.S.; providing special provisions for
5 posttraumatic stress disorder to part-time and
6 auxiliary law enforcement officers; specifying
7 requirements for certain educational training;
8 defining the term "first responder" to include part -
9 time and auxiliary law enforcement officers under
10 certain circumstances; creating ss. 112.18155, and
11 112.18156, F.S.; providing definitions; providing
12 special provisions for posttraumatic stress disorder
13 for correctional officers and part-time correctional
14 officers, correctional probation officers and part-
15 time correctional probation officers; requiring the
16 Department of Financial Services to adopt rules;
17 creating s. 111.095, F.S.; providing definitions;
18 prohibiting peer support officers from divulging
19 certain information or testifying about certain
20 communication; providing exceptions; providing
21 construction; amending ss. 111.09, 119.071, and
22 627.659, F.S.; conforming provisions to changes made
23 by the act; declaring that this act fulfills an
24 important state interest; providing an effective date.
25
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26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Subsections (5) and (6) of section 112.1815,
29 Florida Statutes, are amended to read:
30 112.1815 Firefighters, paramedics, emergency medical
31 technicians, and law enforcement officers; special provisions
32 for employment-related accidents and injuries.—
33 (5)(a) For the purposes of this section and chapter 440,
34 and notwithstanding sub-subparagraph (2)(a)3. and ss. 440.093
35 and 440.151(2), posttraumatic stress disorder, as des cribed in
36 the Diagnostic and Statistical Manual of Mental Disorders, Fifth
37 Edition, published by the American Psychiatric Association,
38 suffered by a first responder is a compensable occupational
39 disease within the meaning of subsection (4) and s. 440.151 i f:
40 1. The posttraumatic stress disorder resulted from the
41 first responder acting within the course of his or her
42 employment as provided in s. 440.091; and
43 2. The first responder is examined and subsequently
44 diagnosed with such disorder by a licensed psychiatrist who is
45 an authorized treating physician as provided in chapter 440 due
46 to one of the following events:; and
47 3. The first responder’s personal involvement in one of the
48 following events is documented in a report maintained by the
49 employing agency:
50 a. Seeing for oneself a deceased minor;
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51 b. Directly witnessing the death of a minor;
52 c. Directly witnessing an injury to a minor who
53 subsequently died before or upon arrival at a hospital emergency
54 department;
55 d. Participating in the physical treatment of an injured
56 minor who subsequently died before or upon arrival at a hospital
57 emergency department;
58 e. Manually transporting an injured minor who subsequently
59 died before or upon arrival at a hospital emergency department;
60 f. Seeing for oneself a decedent whose death involved
61 grievous bodily harm of a nature that shocks the conscience;
62 g. Directly witnessing a death, including suicide, that
63 involved grievous bodily harm of a nature that shocks the
64 conscience;
65 h. Directly witnessing a homicide regardless of whether
66 the homicide was criminal or excusable, including murder, mass
67 killing as defined in 28 U.S.C. s. 530C, manslaughter, self-
68 defense, misadventure, and negligence;
69 i. Directly witnessing an injury, including an attempted
70 suicide, to a person who subsequently died before or upon
71 arrival at a hospital emergency department if the person was
72 injured by grievous bodily harm of a nature that shocks the
73 conscience;
74 j. Participating in the physical treatment of an injury,
75 including an attempted suicide, to a person who subsequently
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76 died before or upon arrival at a hospital emergency department
77 if the person was injured by grievous bodily harm of a nature
78 that shocks the conscience; or
79 k. Manually transporting a person who was injured,
80 including by attempted suicide, and subsequently died before or
81 upon arrival at a hospital emergency department if the person
82 was injured by grievous bodily harm of a nature that shocks the
83 conscience.
84 (b) Such disorder must be demonstrated by clear and
85 convincing medical evidence.
86 (c) Benefits for a first responder under this subsection:
87 1. Do not require a physical injury to the first
88 responder; and
89 2. Are not subject to:
90 a. Apportionment due to a preexisting posttraumatic stress
91 disorder;
92 b. Any limitation on temporary benefits under s. 440.093;
93 or
94 c. The 1-percent limitation on permanent psychiatric
95 impairment benefits under s. 440.15(3).
96 (d) The time for notice of injury or death in cases of
97 compensable posttraumatic stress disorder under this subsection
98 is the same as in s. 440.151(6) and is measured from one of the
99 qualifying events listed in subparagraph (a)2. or the diagnosis
100 manifestation of the disorder, whichever is later. A claim under
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101 this subsection must be properly noticed within 52 weeks after
102 the qualifying event or the diagnosis of the disorder, whichever
103 is later.
104 (e) As used in this subsection, the term:
105 1. "Directly witnessing" means to see or hear for oneself.
106 2. "First responder" includes those persons defined in
107 subsection (1) and also includes a part-time law enforcement
108 officer as defined in s. 943.10(6) and an auxiliary law
109 enforcement officer as defined in s. 943.10(8).
110 3. "Manually transporting" means to perform physical labor
111 to move the body of a wounded person for his or her safety or
112 medical treatment.
113 4.3. "Minor" has the same meaning as in s. 1.01(13).
114 (f) The Department of Financial Services shall adopt rules
115 specifying injuries qualifying as grievous bodily harm of a
116 nature that shocks the conscience for the purposes of this
117 subsection.
118 (6) An employing agency of a first responder, including
119 volunteer first responders, must provide at least 1 hour
120 annually of educational training related to mental health
121 awareness, prevention, mitigation, and treatment.
122 (a) The required educational training may be provided in
123 person, in video format, or through other electronic means and
124 must include evidence-based coping strategies to mitigate
125 traumatic stress. The required educational training must also
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126 include, but is not limited to, peer support programs as the
127 term "peer support" is defined in s. 111.09, mental health
128 awareness training provided by a licensed mental health
129 practitioner who specializes in posttraumatic stress disorder,
130 and suicide prevention programs.
131 (b) As used in this subsection, the term "first responder"
132 includes those persons defined in subsection (1) and also
133 includes a part-time law enforcement officer as defined in s.
134 943.10(6) and an auxiliary law enforcement officer as defined in
135 s. 943.10(8).
136 Section 2. Section 112.18155, Florida Statutes, is created
137 to read:
138 112.18155 Correctional officers and part-time correctional
139 officers; special provisions for posttraumatic stress
140 disorders.—
141 (1) As used in this section, the term:
142 (a) "Correctional officer" has the same meaning as in s.
143 943.10(2).
144 (b) "Directly witnessing" has the same meaning as in s.
145 112.1815(5)(e).
146 (c) "Manually transporting" has the same meaning as in s.
147 112.1815(5)(e).
148 (d) "Mass killing" means three or more killings in a
149 single incident.
150 (e) "Part-time correctional officer" has the same meaning
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151 as in s. 943.10(7).
152 (2) For purposes of this section and chapter 440, and
153 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
154 disorder, as described in the Diagnostic and Statistical Manual
155 of Mental Disorders, Fifth Edition, published by the American
156 Psychiatric Association, suffered by a correctional officer or
157 part-time correctional officer is a compensable occupational
158 disease within the meaning of s. 440.151 if:
159 (a) The posttraumatic stress disorder resulted from the
160 correctional officer or part-time correctional officer acting
161 within the course of his or her employment;
162 (b) The correctional officer or part-time correctional
163 officer is examined and subsequently diagnosed with such
164 disorder by a licensed psychiatrist who is an authorized
165 treating physician as provided in chapter 440; and
166 (c) The correctional officer or part-time correctional
167 officer's personal involvement in one of the following events is
168 documented in a report maintained by the employing agency:
169 1. Being seriously injured by an inmate in a manner that
170 shocks the conscience.
171 2. Being taken hostage by an inmate or trapped in a life-
172 threatening situation as a result of an inmate's act.
173 3. Directly witnessing an injury, including an attempted
174 suicide, to a person who subsequently dies before or upon
175 arrival at a hospital emergency department if the person was
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176 injured by grievous bodily harm of a nature that shocks the
177 conscience.
178 4. Participating in the physical treatment of an injury,
179 including an attempted suicide, to a person who subsequently
180 dies before or upon arrival at a hospital emergency department
181 if the person was injured by grievous bodily harm of a nature
182 that shocks the conscience.
183 5. Manually transporting a person who was injured,
184 including by suicide attempt, and who subsequently dies before
185 or upon arrival at a hospital emergency department if the person
186 was injured by grievous bodily harm of a nature that shocks the
187 conscience.
188 6. Directly witnessing a death, including a death by
189 suicide, that involved grievous bodily harm of a nature that
190 shocks the conscience.
191 7. Directly witnessing a homicide regardless of whether
192 the homicide was criminal or excusable, including murder, mass
193 killing, manslaughter, self-defense, misadventure, and
194 negligence.
195 8. Seeing for oneself a decedent whose death involved
196 grievous bodily harm of a nature that shocks the conscience.
197 (3) The posttraumatic stress disorder must be demonstrated
198 by clear and convincing medical evidence.
199 (4) Benefits for a correctional officer or part-time
200 correctional officer under this section:
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201 (a) Do not require a physical injury to the correctional
202 officer or part-time correctional officer.
203 (b) Are not subject to any of the following:
204 1. Apportionment due to a preexisting posttraumatic stress
205 disorder.
206 2. Any limitation on temporary benefits under s. 440.093.
207 3. The 1-percent limitation on permanent psychiatric
208 impairment benefits under s. 440.15(3).
209 (5) The time for notice of injury or death in cases of
210 compensable posttraumatic stress disorder under this section is
211 the same as in s. 440.151(6) and is measured from one of the
212 qualifying events listed in paragraph (2)(c) or the diag nosis of
213 the disorder, whichever is later. A claim under this section
214 must be properly noticed within 52 weeks after the qualifying
215 event or the diagnosis of the disorder, whichever is later.
216 (6) The Department of Financial Services shall adopt rules
217 specifying injuries qualifying as grievous bodily harm of a
218 nature that shocks the conscience for the purposes of this
219 section.
220 (7) An employing agency of a correctional officer,
221 including a part-time correctional officer, must provide at
222 least 1 hour annually of educational training related to mental
223 health awareness, prevention, mitigation, and treatment. The
224 required educational training may be provided in person, in
225 video format, or through other electronic means and must include
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226 evidence-based coping strategies to mitigate traumatic stress.
227 The required educational training must include, but is not
228 limited to, peer support programs as the term "peer support" is
229 defined in s. 111.095, mental health awareness training provided
230 by a licensed mental health practitioner who specializes in
231 posttraumatic stress disorder, and suicide prevention programs.
232 Section 3. Section 112.18156, Florida Statutes, is created
233 to read:
234 112.18156 Correctional probation officers and part -time
235 correctional probation officers; special provisions for
236 posttraumatic stress disorders.—
237 (1) As used in this section, the term:
238 (a) "Correctional probation officer" has the same meaning
239 as in s. 943.10(3).
240 (b) "Directly witnessing" has the same meaning as in s.
241 112.1815(5)(e).
242 (c) "Manually transporting" has the same meaning as in s.
243 112.1815(5)(e).
244 (d) "Mass killing" means three or more killings in a
245 single incident.
246 (e) "Part-time correctional probation officer" has the
247 same meaning as in s. 943.10(19).
248 (f) "Probationer" means a person who is assigned to a
249 correctional probation officer or part-time correctional
250 probation officer for supervised custody, surveillance, and
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251 control. The term includes, but is not limited to, an inmate, a
252 parolee, and a community controllee.
253 (2) For purposes of this section and chapter 440, and
254 notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress
255 disorder, as described in the Diagnostic and Statistical Manual
256 of Mental Disorders, Fifth Edition, published by the American
257 Psychiatric Association, suffered by a correctional probation
258 officer or part-time correctional probation officer is a
259 compensable occupational disease within the meaning of s.
260 440.151 if:
261 (a) The posttraumatic stress disorder resulted from the
262 correctional probation officer or part-time correctional
263 probation officer acting within the course of his or her
264 employment;
265 (b) The correctional probation officer or part-time
266 correctional probation officer examined and subsequently
267 diagnosed with such disorder by a licensed psychiatrist who is
268 an authorized treating physician as provided in chapter 440; and
269 (c) The correctional probation officer or part-time
270 correctional probation officer's personal involvement in one of
271 the following events is documented in a report maintained by the
272 employing agency:
273 1. Being seriously injured by a probationer in a manner
274 that shocks the conscience.
275 2. Being taken hostage by a probationer or trapped in a
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276 life-threatening situation due to the actions of a probationer.
277 3. Receiving a credible threat of great bodily harm or
278 death to himself or herself, or to a loved one, that is made by
279 a probationer who has the means to carry out the threat or by a
280 person who is acting on behalf of a probationer and has the
281 means to carry out the threat.
282 4. Making a life-threatening mistake or not preventing a
283 life-threatening situation that leads to the death or serious
284 bodily injury of a probationer, bystander, correctional
285 probation officer, or law enforcement officer.
286 5. Directly witnessing an injury or death, including
287 injury or death due to suicide, of a probationer who suffered
288 grievous bodily harm of a nature that shocks the conscience.
289 6. Participating in the physical treatment of a
290 probationer’s injury, including an injury due to attempted
291 suicide, if the probationer dies before or upon arrival at a
292 hospital emergency department and the probationer was injured by
293 grievous bodily harm of a nature that shocks the conscience.
294 7. Manually transporting a probationer who was injured,
295 including an injury due to attempted suicide, if the probationer
296 dies before or upon arrival at a hospital emergency department
297 and the probationer was injured by grievous bodily harm of a
298 nature that shocks the conscience.
299 8. Directly witnessing a homicide committed by or against
300 a probationer, regardless of whether the homicide was criminal
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301 or excusable, including murder, mass killing, manslaughter,
302 self-defense, misadventure, and negligence.
303 (3) The posttraumatic stress disorder must be demonstrated
304 by clear and convincing medical evidence.
305 (4) Benefits for a correctional probation officer or part -
306 time correctional probation officer under this section:
307 (a) Do not require a physical injury to the correctional
308 probation officer or part-time correctional probation officer.
309 (b) Are not subject to any of the following:
310 1. Apportionment due to a preexisting posttraumatic stress
311 disorder.
312 2. Any limitation on temporary benefits under s. 440.093.
313 3. The 1-percent limitation on permanent psychiatric
314 impairment benefits under s. 440.15(3).
315 (5) The time for notice of injury or death in cases of
316 compensable posttraumatic stress disorder under this section is
317 the same as in s. 440.151(6) and is measured from one of the
318 qualifying events listed in paragraph (2)(c) or the diagnosis of
319 the disorder, whichever is later. A claim under this section
320 must be properly noticed within 52 weeks after the qualifying
321 event or the diagnosis of the disorder, whichever is later.
322 (6) The Department of Financial Services shall adopt rules
323 specifying injuries qualifying as grievous bodily harm of a
324 nature that shocks the conscience for the purposes of this
325 section.
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326 (7) An employing agency of a correctional probation
327 officer, including a part-time correctional probation officer,
328 must provide at least 1 hour annually of educational training
329 related to mental health awareness, prevention, mitigation, and
330 treatment. The required educational training may be provided in
331 person, in video format, or through other electronic means and
332 must include evidence-based coping strategies to mitigate
333 traumatic stress. The required educational training must
334 include, but is not limited to, peer support programs as the
335 term "peer support" is defined in s. 111.095, mental health
336 awareness training provided by a licensed mental health
337 practitioner who specializes in posttraumatic stress disorder,
338 and suicide prevention programs.
339 Section 4. Section 111.095, Florida Statutes, is created
340 to read:
341 111.095 Peer support for correctional officers and
342 correctional probation officers.—
343 (1) As used in this section, the term:
344 (a) "Correctional officer" has the same meaning as in s.
345 943.10(2).
346 (b) "Correctional probation Officer" has the same meaning
347 as in s. 943.10(3).
348 (c) "Part-time correctional officer" has the same meaning
349 as in s. 943.10(7).
350 (d) "Part-time correctional probation officer" has the
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351 same meaning as in s. 943.10(19).
352 (e) "Peer support" means the provision of physical, moral,
353 or emotional support to a full- or part-time correctional
354 officer or correctional probation officer for the purpose of
355 addressing physical or emotional conditions or other issues
356 associated with being a correctional officer or correctional
357 probation officer.
358 (f) "Peer support communication" means electronic, oral,
359 or written communication, made with a mutual expectation of
360 confidentiality while a peer support officer is providing peer
361 support in his or her official capacity.
362 (g) "Peer support officer" means a person who:
363 1. Has experience working as or with a correctional
364 officer or correctional probation officer regarding any physical
365 or emotional conditions or issues associated with the officer's
366 employment.
367 2. Has been designated by the employing agency to provide
368 peer support as provided in this section and has received
369 training for this purpose.
370 (2) A peer support officer may not divulge information
371 from or testify about a peer support communication in a civil,
372 criminal, administrative, or disciplinary proceeding, unless:
373 (a) The correctional officer peer or correctional
374 probation officer peer is a defendant in a civil, criminal,
375 administrative, or disciplinary proceeding arising from a
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376 complaint filed by the peer support officer who was a party to
377 the peer support communication, in which case such information
378 may be divulged but is limited to the scope of the proceeding;
379 (b) The full- or part time correctional officer or
380 correctional probation officer who was a party to the peer
381 support communication agrees, in writing, to allow the peer
382 support officer to testify about or divulge information related
383 to the peer support communications;
384 (c) Based on the peer support communications, the peer
385 support officer suspects that the full- or part-time
386 correctional officer or correctional probation officer who was a
387 party to the peer support communications has committed a
388 criminal act or intends to commit a criminal act. There is no
389 liability on the part of, and no cause of action of any nature
390 may arise against, the peer support officer for disclosing
391 information under this paragraph; or
392 (d) There are articulable facts or circumstances that
393 would lead a reasonable, prudent person to fear for the safety
394 of the full- or part-time correctional officer or correctional
395 probation officer who was a party to the peer support
396 communication, another person, or society, and the peer support
397 officer communicates the information only to a potential victim
398 and law enforcement or other appropriate authorities. There is
399 no liability on the part of, and no cause of action of any
400 nature may arise against, the peer support officer for
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401 disclosing information under this paragraph.
402 (3) This section does not limit the disclosure, discovery,
403 or admissibility of information, testimony, or evidence that is
404 obtained by a peer support officer from a source other than a
405 full- or part-time correctional officer or correctional
406 probation officer through a peer support communication.
407 Section 5. Paragraph (a) of subsection (1) of section
408 111.09, Florida Statutes, is amended to read:
409 111.09 Peer support for first responders.—
410 (1) For purposes of this section, the term:
411 (a) "First responder" has the same meaning as provided in
412 s. 112.1815(5)(e)2. s. 112.1815 and includes 911 public safety
413 telecommunicators as defined in s. 401.465.
414 Section 6. Paragraph (d) of subsection (3) of section
415 119.071, Florida Statutes, is amended to read:
416 119.071 General exemptions from inspection or copying of
417 public records.—
418 (3) SECURITY AND FIRESAFETY.—
419 (d)1. Information relating to the Nationwide Public Safety
420 Broadband Network established pursuant to 47 U.S.C. ss. 1401 et
421 seq., held by an agency is confidential and exempt from s.
422 119.07(1) and s. 24(a), Art. I of the State Constitution if
423 release of such information would reveal:
424 a. The design, development, construction, deployment, and
425 operation of network facilities;
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426 b. Network coverage, including geographical maps
427 indicating actual or proposed locations of network
428 infrastructure or facilities;
429 c. The features, functions, and capabilities of network
430 infrastructure and facilities;
431 d. The features, functions, and capabilities of network
432 services provided to first responders, as defined in s.
433 112.1815(1) s. 112.1815, and other network users;
434 e. The design, features, functions, and capabilities of
435 network devices provided to first responders and other network
436 users; or
437 f. Security, including cybersecurity, of the design,
438 construction, and operation of the network and associated
439 services and products.
440 2. This paragraph is subject to the Open Government Sunset
441 Review Act in accordance with s. 119.15 and shall stand repealed
442 on October 2, 2023, unless reviewed and saved from repeal
443 through reenactment by the Legislature.
444 Section 7. Subsection (4) of section 627.659, Florida
445 Statutes, is amended to read:
446 627.659 Blanket health insurance; eligible groups. —Blanket
447 health insurance is that form of health insurance which covers
448 special groups of individuals as enumerated in one of the
449 following subsections:
450 (4) Under a policy or contract issued in the name of a
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451 volunteer fire department, first aid group, local emergency
452 management agency as defined in s. 252.34(6), or other group of
453 first responders as defined in s. 112.1815(1) s. 112.1815, which
454 is deemed the policyholder, covering all or any grouping of the
455 members or employees of the policyholder or covering all or any
456 participants in an activity or operation sponsored or supervised
457 by the policyholder.
458 Section 8. The Legislature determines and declares that
459 this act fulfills an important state interest.
460 Section 9. This act shall take effect July 1, 2022.
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