HB 425 — Posttraumatic Stress Disorder Benefits and Peer Support Programs for Law Enforcement, Correctional, and Correctional Probation Officers

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hb0425-01-c1 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 CS/HB425 2022 correctional officer or to a correctional probation officer or part-time correctional probation officer for the purpose of addressing physical or emotional conditions or other issues associated with being a correctional officer or part-time correctional officer or a correctional probation officer or part-time correctional probation officer.

(f) "Peer support communication" means electronic, oral, or written communication, made with a mutual expectation of confidentiality while a peer support officer is providing peer support in his or her official capacity.

(g) "Peer support officer" means a person who:

1.

Has experience working as or with a correctional officer or a correctional probation officer regarding any physical or emotional conditions or other issues associated with the officer's employment.

2.

Has been designated by the employing agency to provide peer support as provided in this section and has received training for this purpose.

(2) A peer support officer may not divulge information from or testify about a peer support communication in a civil, criminal, administrative, or disciplinary proceeding, unless:

(a) The correctional officer or part-time correctional officer peer or the correctional probation officer or part-time correctional probation officer peer is a defendant in a civil, criminal, administrative, or disciplinary proceeding arising Page 3of 20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 from a complaint filed by the peer support officer who was a party to the peer support communication, in which case such information may be divulged but is limited to the scope of the proceeding;

(b) The correctional officer or part time correctional officer or the correctional probation officer or part-time correctional probation officer who was a party to the peer support communication agrees, in writing, to allow the peer support officer to testify about or divulge information related to the peer support communication;

(c) Based on the peer support communication, the peer support officer suspects that the correctional officer or part- time correctional officer or the correctional probation officer or part-time correctional probation officer who was a party to the peer support communication has committed a criminal act or intends to commit a criminal act.

There is no liability on the part of, and no cause of action of any nature may arise against, the peer support officer for disclosing information under this paragraph;

or (d) There are articulable facts or circumstances that would lead a reasonable, prudent person to fear for the safety of the correctional officer or part-time correctional officer or the correctional probation officer or part-time correctional probation officer who was a party to the peer support communication, another person, or society, and the peer support Page 4of 20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 officer communicates the information only to a potential victim and law enforcement or other appropriate authorities.

There is no liability on the part of, and no cause of action of any nature may arise against, the peer support officer for disclosing information under this paragraph.

(3) This section does not limit the disclosure, discovery, or admissibility of information, testimony, or evidence that is obtained by a peer support officer from a source other than a correctional officer or part-time correctional officer or a correctional probation officer or part-time correctional probation officer through a peer support communication.

Section 2.

special provisions for employment-related accidents and injuriesinjuries.— and posttraumatic stress disorders.— (5)(a) For the purposes of this section and chapter 440, and notwithstanding sub-subparagraph (2)(a)3.

The posttraumatic stress disorder resulted from the first responder acting within the course of his or her employmentPage as5of provided20 inCODING: s.

440.091;

and 2.

The first responder 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:

Page 2of 17 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 a.employment as provided in s.

440.091;

and 2.

The first responder is examined and subsequently diagnosed with such disorder by a licensed psychiatrist who is an authorized treating physician as provided in chapter 440;

and 3.

The first responder's personal involvement in due to one of the following events is documented in a report maintained by the employing agency:

a.

530C, manslaughter, self- defense,Page misadventure,6of and20 negligence;CODING:

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hb0425-01-c1 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 CS/HB425 2022 defense, misadventure, and negligence;

Participating in the physical treatment of an injury, Pageincluding 3ofan 17attempted CODING:suicide, to a person who subsequently died 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;

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hb0425-00 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 HB425 2022 including an attempted suicide, to a person who subsequently died 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;

orPage c.7of 20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 or c.

440.151(6) and is measured from one of the qualifying events listed in subparagraph (a)2.(a)3.

or(a)2. the Page 4of 17 CODING:

Wordsor strickenarethe deletions;diagnosis manifestation of the disorder, whichever is later.

wordsA underlinedclaim areunder additions.this subsection must be properly noticed within 52 weeks after the qualifying event or the diagnosis of the disorder, whichever is later.

hb0425-00 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 HB425 2022 manifestation of the disorder, whichever is later.

A claim under this subsection must be properly noticed within 52 weeks after the qualifying event.

"First responder" includes those persons described in subsection (1) and also includes a part-time law enforcement officer as defined in s.

(6)Page An8of employing20 agencyCODING: of a first responder, including volunteer first responders, must provide educational training related to mental health awareness, prevention, mitigation, and treatment.

AsWords usedstrickenare indeletions; this subsection, the term "first responder" also includes a part-time law enforcement officer as defined in s.

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hb0425-01-c1 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 CS/HB425 2022 (6) An employing agency of a first responder, including volunteer first responders, must provide at least 1 hour annually of educational training related to mental health awareness, prevention, mitigation, and treatment.

(a) The required educational training may be provided in person, in video format, or through other electronic means and must include evidence-based coping strategies to mitigate traumatic stress.

The required educational training must also include, but is not limited to, peer support programs as the term "peer support" is defined in s.

111.09, mental health awareness training provided by a licensed mental health practitioner who specializes in posttraumatic stress disorder, and suicide prevention programs.

(b) As used in this subsection, the term "first responder" includes those persons described in subsection (1) and also includes a part-time law enforcement officer as defined in s.

Section 2.3.

Page112.18155 5ofCorrectional 17officers CODING:and part-time correctional officers;

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hb0425-00 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 HB425 2022 112.18155 Correctional officers and part-time correctional officers;

943.10(2).Page 9of 20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 943.10(2).

(a) The posttraumatic stress disorder resulted from the correctional officer or part-time correctional officer acting within the course of his or her employment.employment;

(b) The correctional officer or part-time correctional Pageofficer 6ofis 17examined CODING:and subsequently diagnosed with such disorder by a licensed psychiatrist who is an authorized treating physician as provided in chapter 440;

and (c) The correctional officer's or part-time correctional officer's personal involvement in one of the following events is Page 10 of20 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 officerdocumented is:in a report maintained by the employing agency:

ExaminedBeing byseriously ainjured licensedby psychiatrist who is an authorizedinmate treatingin physiciana asmanner providedthat inshocks chapterthe 440.conscience.

Diagnosed by the psychiatrist described in subparagraph 1.

as suffering from posttraumatic stress disorder due to one of the following events:

a.

Breaking up a fight between inmates or trying to stop a murder or suicide attempt committed by an inmate.

b.

Being seriously injured, bitten, or beaten by an inmate.

c.

Receiving a threat to himself or herself or to a loved one that is made by an inmate or a person known to an inmate.

d.

e.3.

MakingDirectly awitnessing life-threateningan mistakeinjury, relatedincluding an attempted suicide, to ana inmateperson orwho anothersubsequently correctionaldies officerbefore or part-timeupon correctionalarrival officer.at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.

f.4.

NotParticipating preventing,in orthe notphysical beingtreatment ableof an injury, including an attempted suicide, to prevent,a person who subsequently dies before or upon arrival at a life-hospital threateningemergency situationdepartment involvingif anthe inmateperson orwas anotherinjured correctionalby officergrievous orbodily part-timeharm correctionalof officera fromnature happening.that shocks the conscience.

g.5.

KillingManually ortransporting seriouslya injuringperson anwho inmatewas orinjured, anotherincluding correctionalby officerattempted suicide, and who subsequently dies before or part-timeupon correctionalarrival officer.at a hospital emergency department if the person was injured by grievous bodily harm of a nature that shocks the conscience.

h.6.

Directly witnessing ana injury,death, including ana injurydeath causeddue byto suicide, of a suicideperson attempt,who tosuffered angrievous inmatebodily orharm anotherof Pagea 7ofnature 17that CODING:shocks the conscience.

7.

Directly witnessing a homicide regardless of whether the homicide was criminal or excusable, including murder, mass Page 11 of20 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 correctionalkilling, officermanslaughter, orself-defense, part-timemisadventure, correctionaland officernegligence. who subsequently died before or upon arrival at a hospital emergency department or was injured by grievous bodily harm of a nature that shocks the conscience.

i.8.

ParticipatingSeeing infor theoneself physical treatment of an injury, including an injury caused by a suicidedecedent attempt,whose todeath aninvolved inmate or another correctional officer or part-time correctional officer who subsequently died before or upon arrival at a hospital emergency department or was injured by grievous bodily harm of a nature that shocks the conscience.

j.

Manually transporting an inmate or another correctional officer or part-time correctional officer who was injured, including by a suicide attempt, by grievous bodily harm of a nature that shocks the conscience or who subsequently died before or upon arrival at a hospital emergency department.

k.

Directly witnessing a death, including a death by suicide, of an inmate or another correctional officer or part- time correctional officer that involved grievous bodily harm of a nature that shocks the conscience.

l.

Directly witnessing a homicide committed by an inmate or another correctional officer or part-time correctional officer, regardless of whether the homicide was criminal or excusable, including murder, mass killing, manslaughter, self- defense, misadventure, and negligence.

m.

Seeing for oneself a decedent whose death involved Page 8of 17 CODING:

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hb0425-00 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 HB425 2022 grievous bodily harm of a nature that shocks the conscience.

n.

Cleaning up an inmate's cell or other areas of a correctional institution after an injury or death, including an injury by a suicide attempt or a death by suicide.

o.

Encountering an inmate who was recently sexually assaulted.

440.151(6) and is measured from one of the qualifying events listed in paragraph (2)(b)(2)(c) or the manifestationdiagnosis of the disorder, whichever is later.

A claim under this section must be properly noticed within 52 weeks after the qualifying event.event or the diagnosis of the disorder, whichever is later.

(6) The Department of Financial Services shall adopt rules specifying injuries qualifying as grievous bodily harm of a Page 9of12 17of20 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 (6) 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.

(7) An employing agency of a correctional officerofficer, orincluding part-a timepart-time correctional officerofficer, must provide at least 1 hour annually of educational training related to mental health awareness, prevention, mitigation, and treatment.

SectionThe 3.required educational training may be provided in person, in video format, or through other electronic means and must include evidence-based coping strategies to mitigate traumatic stress.

The required educational training must also include, but is not limited to, peer support programs as the term "peer support" is defined in s.

111.095, mental health awareness training provided by a licensed mental health practitioner who specializes in posttraumatic stress disorder, and suicide prevention programs.

Section 4.

112.1815(5)(e).Page 13 of20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 112.1815(5)(e).

(f) "Probationer" means a person who is assigned to a Pagecorrectional 10probation of17officer CODING:or part-time correctional probation officer for supervised custody, surveillance, and control.

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hb0425-00 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 HB425 2022 correctional probation officer or part-time correctional probation officer for supervised custody, surveillance, and control.

(g) "Probationer-related activity" means an unlawful act or activity that a probationer or a person known to a probationer engages in.

(a) The posttraumatic stress disorder resulted from the correctional probation officer or part-time correctional probation officer acting within the course of his or her employment.employment;

(b) The correctional probation officer or part-time correctional probation officer is:is examined and subsequently diagnosed with such disorder by a licensed psychiatrist who is Page 14 of20 CODING:

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hb0425-01-c1 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 CS/HB425 2022 an authorized treating physician as provided in chapter 440;

and (c) The correctional probation officer's or part-time correctional probation officer's personal involvement in one of the following events is documented in a report maintained by the employing agency:

ExaminedBeing seriously injured by a licensedprobationer psychiatristin whoa ismanner anthat authorizedshocks treatingthe physicianconscience. as provided in chapter 440.

DiagnosedBeing taken hostage by thea psychiatristprobationer describedor trapped in subparagrapha 1.life-threatening situation due to the actions of a probationer.

as3. suffering from posttraumatic stress disorder due to one of Page 11 of17 CODING:

Receiving a credible threat of great bodily harm or death to himself or herself, or to a loved one, that is made by a probationer who has the means to carry out the threat or by a person who is acting on behalf of a probationer and has the means to carry out the threat.

4.

Making a life-threatening mistake or not preventing a life-threatening situation that leads to the death or serious bodily injury of a probationer, bystander, correctional probation officer, or law enforcement officer.

5.

Directly witnessing an injury or death, including an injury or death due to an attempted suicide or suicide, of a probationer who suffered grievous bodily harm of a nature that shocks the conscience.

6.

Participating in the physical treatment of a probationer's injury, including an injury due to an attempted suicide, if the probationer dies before or upon arrival at a Page 15 of20 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 hospital emergency department and the followingprobationer events:was injured by grievous bodily harm of a nature that shocks the conscience.

a.7.

BeingManually seriouslytransporting injureda orprobationer beatenwho was injured, including by aattempted suicide, if the probationer dies before or byupon aarrival personat whoa ishospital knownemergency todepartment aand the probationer orwas isinjured involvedby ingrievous bodily harm of a probationer-relatednature activity.that shocks the conscience.

b.8.

Receiving a threat to himself or herself or to a loved one that is made by a probationer or a person who is known to a probationer or is involved in a probationer-related activity.

c.

Being taken hostage by a probationer or a person who is known to a probationer or is involved in a probationer-related activity.

d.

Being trapped in a life-threatening situation as a result of a probationer-related activity.

e.

Making a life-threatening mistake related to a probationer or another person when trying to stop a probationer- related activity.

f.

Not preventing, or not being able to prevent, a life- threatening situation involving a probationer from happening.

g.

Killing or seriously injuring a probationer or another person as a result of an intervention in a probationer-related activity.

h.

Directly witnessing an injury, including an injury caused by a suicide attempt, to a probationer, or an injury caused to another person in a probationer-related activity, and the probationer or person subsequently died before or upon arrival at a hospital emergency department or was injured by Page 12 of17 CODING:

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hb0425-00 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 HB425 2022 grievous bodily harm of a nature that shocks the conscience.

i.

Participating in the physical treatment of an injury, including by a suicide attempt, to a probationer, or an injury to another person in a probationer-related activity, and the probationer or person subsequently died before or upon arrival at a hospital emergency department or was injured by grievous bodily harm of a nature that shocks the conscience.

j.

Manually transporting a probationer who was injured, including by a suicide attempt, or another person who was injured in a probationer-related activity, and:

(I) The injury was by grievous bodily harm of a nature that shocks the conscience;

or (II) The probationer or other person subsequently died before or upon arrival at a hospital emergency department.

k.

Directly witnessing a death, including a death by suicide, of a probationer or a death of another person in a probationer-related activity that involved grievous bodily harm of a nature that shocks the conscience.

l.

m.(3) The posttraumatic stress disorder must be demonstrated by clear and convincing medical evidence.

Being assigned excessively high caseloads or high special caseloads, such as caseloads of probationers who recidivate or commit violent crimes.

Page 13 of17 CODING:

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hb0425-00 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 HB425 2022 (3) The posttraumatic stress disorder must be demonstrated by clear and convincing medical evidence.

(5) The time for notice of injury or death in cases of compensable posttraumatic stress disorder under this section is thePage same16 asof20 inCODING: s.

440.151(6) and is measured from one of the qualifying events listed in paragraph (2)(b) or the manifestation of the disorder, whichever is later.

A claim under this section must be properly noticed within 52 weeks after the qualifying event.

(6) 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.

(7) An employing agency of a correctional probation officer or part-time correctional probation officer must provide Page 14 of17 CODING:

hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 educationalthe trainingsame relatedas toin mentals. health awareness, prevention, mitigation, and treatment.

Section440.151(6) 4.and is measured from one of the qualifying events listed in paragraph (2)(c) 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) 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.

(7) An employing agency of a correctional probation officer, including a part-time correctional probation officer, must provide at least 1 hour annually of educational training related to mental health awareness, prevention, mitigation, and treatment.

The required educational training may be provided in person, in video format, or through other electronic means and must include evidence-based coping strategies to mitigate traumatic stress.

The required educational training must also include, but is not limited to, peer support programs as the term "peer support" is defined in s.

111.095, mental health awareness training provided by a licensed mental health practitioner who specializes in posttraumatic stress disorder, and suicide prevention programs.

Section 5.

111.09 Peer support for first responders.— (1)Page For17 purposesof20 ofCODING: this section, the term:

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hb0425-01-c1 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 CS/HB425 2022 (1) For purposes of this section, the term:

112.1815(1)112.1815(5)(e) s.

Section 5.6.

The features, functions, and capabilities of network Pageinfrastructure 15and of17facilities; CODING:

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hb0425-00 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 HB425 2022 infrastructure and facilities;

The design, features, functions, and capabilities of networkPage devices18 providedof20 toCODING: first responders and other network users;

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hb0425-01-c1 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 CS/HB425 2022 network devices provided to first responders and other network users;

Section 6.7.

112.1815, which is deemed the policyholder, covering all or any grouping of the Pagemembers 16or of17employees CODING:of the policyholder or covering all or any participants in an activity or operation sponsored or supervised by the policyholder.

Section 8.

The Legislature determines and declares that this act fulfills an important state interest.

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hb0425-00hb0425-01-c1 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 HB425CS/HB425 2022 membersSection or9. employees of the policyholder or covering all or any participants in an activity or operation sponsored or supervised by the policyholder.

Section 7.

The Legislature determines and declares that this act fulfills an important state interest.

Section 8.

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hb0425-00hb0425-01-c1