Senate Bill sb0778er
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2 An act relating to lawyer assistance programs;
3 providing civil immunity for persons making
4 good-faith reports of information to a lawyer
5 assistance program; providing for a presumption
6 of good faith; providing for immunity for
7 certain persons; providing that certain
8 information is subject to privilege; providing
9 for 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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2001 Legislature CS for SB 778, 1st Engrossed
1 (1) Florida Lawyers Assistance, Inc., and other lawyer
2 assistance programs approved by the Florida Supreme Court or
3 The Florida Bar which 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 privilege.--All
15 privileged information, whether attorney-client, work product,
16 or otherwise, in any form, furnished to the lawyer assistance
17 program shall remain privileged.
18 Section 5. Confidentiality of records, proceedings,
19 and communications.--The records, proceedings, and all
20 communications by and between an individual seeking assistance
21 and the lawyer assistance program shall be deemed confidential
22 and shall not be subject to disclosure or available for court
23 subpoena. This section does not prevent the subpoena of
24 business records that are otherwise available through
25 subpoena, nor does this section preclude release or disclosure
26 of information or communications by the lawyer assistance
27 program when such disclosure is mandated or required as a
28 condition or precondition for entry in the program. Such
29 records are not to be construed as privileged merely because
30 they have been maintained by a lawyer assistance program.
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2001 Legislature CS for SB 778, 1st Engrossed
1 Section 6. This act shall take effect upon becoming a
2 law.
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