House Bill hb0415

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    Florida House of Representatives - 2001                 HB 415

        By Representative Kyle






  1                      A bill to be entitled

  2         An act relating to lawyer assistance programs;

  3         providing for civil immunity for the good faith

  4         report of information to a lawyer assistance

  5         program; providing for a presumption of good

  6         faith; providing immunity for certain persons;

  7         providing that certain information is subject

  8         to the attorney-client privilege; providing for

  9         the confidentiality of certain records,

10         proceedings, and communications; providing an

11         effective date.

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13  Be It Enacted by the Legislature of the State of Florida:

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15         Section 1.  Civil immunity.--A person who in good faith

16  reports information or takes action in connection with a

17  lawyer assistance program or a person who receives information

18  in connection with a lawyer assistance program is immune from

19  civil liability for reporting the information, taking the

20  action, or taking no action, provided that such person has

21  acted in good faith and without malice.

22         Section 2.  Presumption of good faith.--A member of a

23  lawyer assistance program or a person reporting information to

24  a lawyer assistance program is presumed to have acted in good

25  faith and without malice. A person alleging lack of good faith

26  has the burden of proving bad faith and malice.

27         Section 3.  Persons entitled to immunity.--The civil

28  immunity provided for in this act shall be liberally construed

29  to accomplish the purposes of this act. The persons entitled

30  to immunity under this act include:

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    Florida House of Representatives - 2001                 HB 415

    720-126-01






  1         (1)  Florida Lawyers Assistance, Inc., and other lawyer

  2  assistance programs approved by the Florida Supreme Court or

  3  The Florida Bar that provide assistance to attorneys who may

  4  be impaired because of abuse of alcohol or other drugs or

  5  because of any other physical or mental infirmity causing

  6  impairment.

  7         (2)  A member, employee, or agent of the program,

  8  association, or nonprofit corporation.

  9         (3)  A person who reports or provides information to

10  the program concerning an impaired legal professional,

11  including, but not limited to, a person designated to monitor

12  or supervise the course of treatment or rehabilitation of an

13  impaired professional.

14         Section 4.  Information subject to attorney-client

15  privilege.--All information, in any form whatsoever, furnished

16  to the lawyer assistance program shall be privileged

17  communications and shall be governed by the laws pertaining to

18  the attorney-client privilege.

19         Section 5.  Confidentiality of records, proceedings,

20  and communications.--The records, proceedings, and all

21  communications of any lawyer assistance program shall be

22  deemed confidential and shall not be available for court

23  subpoena. This section shall not prevent the subpoena of

24  business records that are otherwise available through

25  subpoena. Such records are not to be construed as privileged

26  merely because they have been maintained by a lawyer

27  assistance program.

28         Section 6.  This act shall take effect upon becoming a

29  law.

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    Florida House of Representatives - 2001                 HB 415

    720-126-01






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  2                          HOUSE SUMMARY

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      Provides civil immunity for a person who in good faith
  4    reports information or takes action in connection with a
      lawyer assistance program, or to a person who receives
  5    information in connection with a lawyer assistance
      program. Provides that a lawyer assistance program, as
  6    described in the act, is to assist impaired attorneys.
      See bill for details.
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