Chapter 2022-148, Laws of Florida, created section 112.18155, F.S., which requires the Department to adopt rules specifying injuries that qualify as grievous bodily harm of a nature that shocks the conscience for purposes ....

 

DEPARTMENT OF FINANCIAL SERVICES

Division of Workers' Compensation

RULE NO.:RULE TITLE:

69L-3.009Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience

PURPOSE AND EFFECT: Chapter 2022-148, Laws of Florida, created section 112.18155, F.S., which requires the Department to adopt rules specifying injuries that qualify as grievous bodily harm of a nature that shocks the conscience for purposes of expanding workers’ compensation benefits for posttraumatic stress disorder (PTSD) suffered by correctional officers under certain circumstances. Rule 69L-3.009, F.A.C., currently identifies eight separate injuries that qualify as such grievous bodily harm of a nature that shocks the conscience for first responders to receive workers’ compensation benefits for PTSD under certain circumstances. The proposed change will add correctional officers to Rule 69L-3.009, F.A.C.

SUMMARY: The proposed change will add correctional officers to Rule 69L-3.009, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department’s economic analysis of the potential impact of the proposed rule amendments determined that there will be no adverse economic impact or increased regulatory costs that would require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 112.1815, 112.18155 FS

LAW IMPLEMENTED: 112.1815, 112.18155 FS

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Brittany O’Neil, Assistant Director, 200 E. Gaines Street, Tallahassee, FL 32399-0318, or [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

69L-3.009 Injuries that Qualify as Grievous Bodily Harm of a Nature that Shocks the Conscience.

Pursuant to section 112.1815(5), F.S., Ffor purposes of determining the compensability of employment-related posttraumtic stress disorder for first responders and correctional officers, the following injuries qualify as grievous bodily harm of a nature that shocks the conscience:

(1) Decapitation (full or partial),

(2) Degloving,

(3) Enucleation,

(4) Evisceration,

(5) Exposure of one or more of the following internal organs:

(a) Brain,

(b) Heart,

(c) Intestines,

(d) Kidneys,

(e) Liver, or

(f) Lungs

(6) Impalement,

(7) Severance (full or partial), and

(8) Third degree burn on 9% or more of the body.

Rulemaking Authority 112.1815(5)(f), 112.18155 FS. Law Implemented 112.1815, 112.18155 FS. History–New 6-25-19, Ratified by Laws of Florida Ch. 2019-139, Amended _________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Brittany O’Neil, Assistant Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jimmy Patronis, Chief Financial Officer

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 27, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 28, 2022