Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Florida Statutes Title X. Public Officers, Employees, and Records § 112.18155. Correctional officers; special provisions for posttraumatic stress disorders - last updated January 01, 2025 | https://codes.findlaw.com/fl/title-x-public-officers-employees-and-records/fl-st-sect-112-18155/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)