Florida 2023 Regular Session Status: In Committee 1 R cosponsors

SB 314 — Licensed Counseling for First Responders, Correctional Officers, and Correctional Probation Officers

Last action — Died in Community Affairs

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Licensed Counseling for First Responders, Correctional Officers, and Correctional Probation Officers; Requiring an employing agency of a first responder to pay for licensed counseling for certain first responders; providing that such counseling is in addition to and separate from any benefits provided to the first responder; prohibiting the employing agency from requiring the first responder to use specified leave for such counseling under certain circumstances; requiring an employing agency of a correctional officer or a correctional probation officer to pay for licensed counseling for such officers under certain circumstances; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease, etc.

Bill Text

What changed in the latest version

235 added · 74 removed

235 line(s) added, 74 removed.

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Florida Senate - 2023 SB 314 By Senator Rodriguez 40-00428-23 2023314__ A bill to be entitled An act relating to licensed counseling for first responders;
Florida Senate - 2023 CS for SB 314 By the Committee on Governmental Oversight and Accountability;
and Senator Rodriguez 585-02160-23 2023314c1 A bill to be entitled An act relating to licensed counseling for first responders, correctional officers, and correctional probation officers;
requiring an employing agency of a first responder to pay for certain licensed counseling for first responders;
defining terms;
requiring such counseling to be completed within a specified timeframe;
requiring an employing agency of a first responder to pay for licensed counseling for certain first responders;
specifying that such counseling is limited to addressing specified events;
providing that such counseling is in addition to and separate from any benefits provided to the first responder;
requiring that such counseling be completed within a specified timeframe;
specifying the maximum amount an employer may pay for such counseling;
defining terms;
requiring employing agencies to submit a specified annual report to the Chief Financial Officer, beginning on a specified date;
amending s.
112.18155, F.S.;
defining the term “correctional probation officer”;
requiring an employing agency of a correctional officer or a correctional probation officer to pay for licensed counseling for such officers under certain circumstances;
specifying that Page 1 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 such counseling is limited to addressing specified events;
providing that such counseling is in addition to and separate from any benefits provided to a correctional officer or a correctional probation officer;
requiring that such counseling be completed within a specified timeframe;
prohibiting the employing agency from requiring a correctional officer or a correctional probation officer to use specified leave for such counseling under certain circumstances;
authorizing a correctional officer or a correctional probation officer to select a licensed mental health professional and providing requirements for the employing agency related thereto;
specifying the maximum amount an employer may pay for such counseling;
providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease;
requiring employing agencies to submit a specified annual report to the Chief Financial Officer, beginning on a specified date;
providing a declaration of important state interest;
Subsection (7) is added to section 112.1815, Florida Statutes, to read:
Subsection (1) of section 112.1815, Florida Statutes, is amended, and subsection (7) is added to that section, to read:
112.1815 Firefighters, paramedics, emergency medical technicians, and law enforcement officers;
112.1815 Firefighters, paramedics, emergency medical Page 2 of 8 CODING:
special provisions for employment-related accidents and injuries.— (7)(a) An employing agency of a first responder, including volunteer first responders, must pay for up to 12 hours of licensed counseling for a first responder who experiences an event listed in subparagraph (5)(a)2.
in the course of his or her employment.
The licensed counseling may be in person or Page 1 of 3 CODING:
Florida Senate - 2023 SB 314 40-00428-23 2023314__ through telehealth in accordance with s.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 technicians, and law enforcement officers;
special provisions for employment-related accidents and injuries.— (1) As used in this section, the term:
(a) The term “First responder” as used in this section means a law enforcement officer as defined in s.
943.10, a firefighter as defined in s.
633.102, or an emergency medical technician or paramedic as defined in s.
401.23 employed by state or local government.
A volunteer law enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the state or a local government is also considered a first responder of the state or local government for purposes of this section.
(b) “Licensed counseling” means counseling provided by a licensed mental health professional.
(c) “Licensed mental health professional” means a psychiatrist licensed under chapter 458 or chapter 459, a psychologist as defined in s.
490.003, or a licensed practitioner under chapter 491.
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(7)(a) An employing agency of a first responder, including volunteer first responders, must pay for up to 12 hours of licensed counseling for a first responder who experiences an event listed in subparagraph (5)(a)2.
in the course of his or her employment.
The licensed counseling may be used only to address an event listed in subparagraph (5)(a)2.
The licensed counseling may be in person or through telehealth in accordance with s.
(b) If a licensed mental health professional determines that the first responder needs additional hours of licensed counseling beyond the initial 12 hours and that the additional hours of licensed counseling are likely to improve the first responder’s condition, the employing agency of the first responder must pay for up to an additional 24 hours of licensed counseling for the first responder.
The licensed counseling is in addition to, and separate from, any benefits already provided by an employer- sponsored health plan or a group health insurance trust fund.
(c) All hours of licensed counseling authorized under paragraphs (a) and (b) must be completed within 1 year after the first responder’s first visit to a licensed mental health professional.
(b) If a licensed mental health professional determines Page 3 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 that the first responder needs additional hours of licensed counseling beyond the initial 12 hours and that the additional hours of licensed counseling are likely to improve the first responder’s condition, the employing agency of the first responder must pay for up to an additional 24 hours of licensed counseling for the first responder.
(c) All hours of licensed counseling authorized under paragraphs (a) or (b) must be completed within 1 year after the first responder’s first visit to a licensed mental health professional.
(f) Payment by the employing agency of the first responder for licensed counseling under this subsection does not create a presumption that the first responder suffered a compensable occupational disease as defined in subsection (4) and s.
(f) Payment by the employing agency of the first responder for licensed counseling under this subsection may not exceed $500 per hour and does not create a presumption that the first responder suffered a compensable occupational disease as defined in subsection (4) and s.
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440.151(2).
(g) Beginning on March 1, 2024, and each March 1 Page 4 of 8 CODING:
Florida Senate - 2023 SB 314 40-00428-23 2023314__ 440.151(2).
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 thereafter, each employing agency of first responders shall submit a report to the Chief Financial Officer.
(g) As used in this subsection, the term:
The report must contain all of the following:
“Licensed counseling” means counseling provided by a licensed mental health professional.
The total number of employees, by employment category, who have participated in the program.
“Licensed mental health professional” means a psychiatrist licensed under chapter 458 or chapter 459 or a psychologist as defined in s.
A breakdown for each employment category which includes:
490.003.
a.
The average number of visits per employee.
b.
The average number of months an employee participated in the program.
c.
The total number of employees who participated in the program and who subsequently filed a workers’ compensation claim.
d.
The total number of employees who have participated in the program and who received additional visits in addition to the 12 hours provided.
Present paragraphs (b), (c), and (d) of subsection (1) of section 112.18155, Florida Statutes, are redesignated as paragraphs (c), (d), and (e), respectively, a new paragraph (b) is added to that subsection, and subsection (8) is added to that section, to read:
112.18155 Correctional officers and correctional probation officers;
special provisions for posttraumatic stress disorders.— (1) As used in this section, the term:
(b) “Correctional probation officer” has the same meaning as in s.
943.10(3).
(8)(a) An employing agency of a correctional officer or a correctional probation officer must pay for up to 12 hours of licensed counseling for a correctional officer or a correctional Page 5 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 probation officer who experiences an event listed in paragraph (2)(b) in the course of his or her employment.
The licensed counseling may be used only to address an event listed in paragraph (2)(b).
The licensed counseling may be in person or through telehealth in accordance with s.
456.47.
The licensed counseling is in addition to, and separate from, any benefits already provided by an employer-sponsored health plan or a group health insurance trust fund.
(b) If a licensed mental health professional determines that the correctional officer or correctional probation officer needs additional hours of licensed counseling beyond the initial 12 hours and that the additional hours of licensed counseling are likely to improve the correctional officer’s or the correctional probation officer’s condition, the employing agency of the correctional officer or the correctional probation officer must pay for up to an additional 24 hours of licensed counseling for the correctional officer or the correctional probation officer.
(c) All hours of licensed counseling authorized under paragraphs (a) or (b) must be completed within 1 year after the correctional officer’s or the correctional probation officer’s first visit to a licensed mental health professional.
(d) The employing agency of the correctional officer or the correctional probation officer may not require the correctional officer or the correctional probation officer to use his or her accrued annual or vacation leave, personal leave, or sick leave if the licensed counseling is scheduled during his or her established work hours.
(e) A correctional officer or a correctional probation Page 6 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 officer may select a licensed mental health professional for licensed counseling under this subsection.
However, if the licensed mental health professional selected by the correctional officer or the correctional probation officer declines to provide such counseling, the employing agency of the correctional officer or the correctional probation officer is not required to secure the counseling services of that licensed mental health professional and must provide a list of other qualified licensed mental health professionals to the correctional officer or correctional probation officer.
(f) Payment by the employing agency of the correctional officer or the correctional probation officer for licensed counseling under this subsection may not exceed $500 per hour and does not create a presumption that the correctional officer or the correctional probation officer suffered a compensable occupational disease as defined in subsection (2) and s.
440.151(2).
(g) Beginning on March 1, 2024, and each March 1 thereafter, each employing agency of correctional officers and correctional probation officers shall submit a report to the Chief Financial Officer.
The report must contain all of the following:
1.
The total number of employees, by employment category, who have participated in the program.
2.
A breakdown for each employment category which includes:
a.
The average number of visits per employee.
b.
The average number of months an employee participated in the program.
c.
The total number of employees who participated in the Page 7 of 8 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2023 CS for SB 314 585-02160-23 2023314c1 program and who subsequently filed a workers’ compensation claim.
d.
The total number of employees who have participated in the program and who received additional visits in addition to the 12 hours provided.
Section 3.
The Legislature determines and declares that this act fulfills an important state interest.
Section 4.
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Action History

  1. Died in Community Affairs

  2. CS by Governmental Oversight and Accountability read 1st time

  3. Introduced

  4. Now in Community Affairs

  5. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  6. CS by Governmental Oversight and Accountability; YEAS 8 NAYS 0

  7. On Committee agenda-- Governmental Oversight and Accountability, 02/21/23, 3:30 pm, 37 Senate Building

  8. Referred to Governmental Oversight and Accountability; Community Affairs; Fiscal Policy

  9. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 162 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (162)

162 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does SB 314 do?
Licensed Counseling for First Responders, Correctional Officers, and Correctional Probation Officers; Requiring an employing agency of a first responder to pay for licensed counseling for certain first responders; providing that such counseling is in addition to and separate from any benefits provided to the first responder; prohibiting the employing agency from requiring the first responder to use specified leave for such counseling under certain circumstances; requiring an employing agency of a correctional officer or a correctional probation officer to pay for licensed counseling for such officers under certain circumstances; providing that payment by the employing agency for such counseling does not create a presumption of a compensable occupational disease, etc.
Who sponsors SB 314?
SB 314 is sponsored by Rodriguez, Ana Maria (Republican) and Governmental Oversight and Accountability.
What is the current status of SB 314?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 314?
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