Senate Bill sb0778

    Florida Senate - 2001                                   SB 778

    By Senator Rossin





    35-138-01

  1                      A bill to be entitled

  2         An act relating to lawyer assistance programs;

  3         providing a definition; providing immunity from

  4         civil liability for specified persons and

  5         programs for specified acts relating to such

  6         programs under specified conditions; providing

  7         that information provided to such programs is

  8         privileged and subject to the attorney-client

  9         privilege; providing that the records,

10         proceedings, and communications of such

11         programs are confidential and not subject to

12         subpoena; providing an exception; providing an

13         effective date.

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

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17         Section 1.  (1)  As used in this section, the term

18  "person" means the Florida Lawyer's Assistance, Inc., or other

19  private program, association, or nonprofit corporation

20  approved by the Supreme Court or The Florida Bar to provide

21  assistance, treatment, or rehabilitation to attorneys who may

22  be impaired because of alcohol or drug abuse or other physical

23  or mental infirmity; a member, employee, or agent of such a

24  private program, association, or nonprofit corporation; or a

25  person who provides information to such a private program,

26  association, or nonprofit corporation.

27         (2)  A person is immune from civil liability for

28  reporting or receiving information or taking or refusing to

29  take action in a lawyer assistance program if the person acts

30  in good faith and without malice.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                                   SB 778
    35-138-01




  1         (3)  Information provided to a person covered by this

  2  section is a privileged communication and subject to the

  3  attorney-client privilege.

  4         (4)  The records, proceedings, and communications of

  5  the Florida Lawyer's Assistance, Inc., or any other private

  6  program covered by this section are confidential and are not

  7  available for court subpoena. Business records may be

  8  subpoenaed.

  9         Section 2.  This act shall take effect July 1, 2001.

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12                          SENATE SUMMARY

13    Provides that a person, as defined, is immune from civil
      liability for reporting or receiving information or
14    taking or refusing to take action in a lawyer assistance
      program to provide assistance to attorneys who may be
15    impaired due to alcohol or drug abuse or other mental or
      physical infirmity if the person acts in good faith and
16    without malice. Information provided to a person is a
      privileged communication and subject to the
17    attorney-client privilege. The records, proceedings, and
      communications of specified private organizations are
18    confidential and not subject to subpoena. Business
      records may be subpoenaed.
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CODING: Words stricken are deletions; words underlined are additions.