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The Florida Statutes

The 2022 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
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F.S. 112.18155
112.18155 Correctional officers; special provisions for posttraumatic stress disorders.
(1) As used in this section, the term:
(a) “Correctional officer” has the same meaning as in s. 943.10(2).
(b) “Directly witnessing” has the same meaning as in s. 112.1815(5)(e).
(c) “Manually transporting” has the same meaning as in s. 112.1815(5)(e).
(d) “Mass killing” means three or more killings in a single incident.
(2) For purposes of this section and chapter 440, and notwithstanding ss. 440.093 and 440.151(2), posttraumatic stress disorder, as described in the Diagnostic and Statistical Manual of Mental Disorders, Fifth Edition, published by the American Psychiatric Association, suffered by a correctional officer is a compensable occupational disease within the meaning of s. 440.151 if both of the following apply:
(a) The posttraumatic stress disorder resulted from the correctional officer acting within the course of his or her employment as provided in s. 440.091.
(b) The correctional officer is examined and subsequently diagnosed with such disorder by a licensed psychiatrist who is an authorized treating physician as provided in chapter 440 due to one of the following events:
1. Being taken hostage by an inmate or trapped in a life-threatening situation as a result of an inmate’s act;
2. Directly witnessing a death, including a death due to suicide, of a person who suffered grievous bodily harm of a nature that shocks the conscience;
3. Directly witnessing an injury, including an attempted suicide, to a person who subsequently dies before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience;
4. Participating in the physical treatment of an injury, or manually transporting a person who was injured, including by attempted suicide, who subsequently dies before or upon arrival at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience;
5. Directly witnessing a homicide regardless of whether the homicide was criminal or excusable, including murder, mass killing, manslaughter, self-defense, misadventure, and negligence; or
6. Seeing for oneself a decedent whose death involved grievous bodily harm of a nature that shocks the conscience.
(3) The posttraumatic stress disorder must be demonstrated by clear and convincing medical evidence.
(4) Benefits for a correctional officer under this section:
(a) Do not require a physical injury to the correctional officer.
(b) Are not subject to any of the following:
1. Apportionment due to a preexisting posttraumatic stress disorder.
2. Any limitation on temporary benefits under s. 440.093.
3. The 1-percent limitation on permanent psychiatric impairment benefits under s. 440.15(3).
(5) The time for notice of injury or death in cases of compensable posttraumatic stress disorder under this section is the same as in s. 440.151(6) and is measured from one of the qualifying events listed in paragraph (2)(b) or the diagnosis of the disorder, whichever is later. A claim under this section must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later.
(6) An employing agency of a correctional officer must provide educational training related to mental health awareness, prevention, mitigation, and treatment.
(7) The Department of Financial Services shall adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience for the purposes of this section.
History.s. 2, ch. 2022-148.