Florida Notices Rulemaking for 69L-3.3009

The Florida Division of Workers' Compensation submitted a Notice of Development of Rulemaking for Rule 69L-3.009, F.A.C. A Rule development workshop will be held on Thursday, October 4, 2018, at 9:00 a.m., EDT, at 2012 Capital Circle, SE, Room 102, Hartman Building.

A new rule is being introduced due to the passage of CS/CS/SB 376, which added subsections (5) and (6) to section 112.1815, Florida Statutes (F.S.). Section 112.1815(5)(f), F.S., requires the Department of Financial Services to adopt rules specifying injuries qualifying as grievous bodily harm of a nature that shocks the conscience.

The official Notice of Rule Development appeared in Volume 44, Number 182, of the Florida Administrative Weekly, published on September 18, 2018. If you have questions about the contents of this notice, please contact Brittany O’Neil, Policy Coordinator, Division of Workers' Compensation at (850) 413-1927 or brittany.oneil@myfloridacfo.com.

A copy of the Notice and draft Rule language may be found here.

The draft rule is as follows (explanations are in red parentheticals)

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., for purposes of determining the compensability of employment-related posttraumtic stress disorder for first responders, 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), 440.591, FS. Law Implemented 112.1815, FS. History-New.