Florida Senate - 2018                                     SB 706
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00477-18                                            2018706__
    1                        A bill to be entitled                      
    2         An act relating to crime stoppers organizations;
    3         creating s. 90.595, F.S.; defining terms; prohibiting
    4         a person who engages in privileged communication, a
    5         law enforcement crime stoppers coordinator or his or
    6         her staff, or a member of a crime stoppers
    7         organization’s board of directors from being required
    8         to disclose privileged communications or produce
    9         protected information; providing an exception;
   10         authorizing a person charged with a criminal offense
   11         to petition the court to inspect the protected
   12         information under certain circumstances; authorizing a
   13         court to disclose all or a portion of the protected
   14         information; providing criminal penalties; providing
   15         an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 90.595, Florida Statutes, is created to
   20  read:
   21         90.595 Privileged communication with and the provision of
   22  protected information to crime stoppers organizations.—
   23         (1) As used in this section, the term:
   24         (a) “Crime stoppers organization” means a private not-for
   25  profit organization that collects and expends donations for
   26  rewards to persons who report to the organization information
   27  concerning criminal activity and forwards that information to
   28  appropriate law enforcement agencies.
   29         (b) “Privileged communication” means the act of providing
   30  information to a crime stoppers organization for the purpose of
   31  reporting alleged criminal activity.
   32         (c) “Protected information” includes the identity of a
   33  person who engages in privileged communication with a crime
   34  stoppers program and any records, recordings, oral or written
   35  statements, papers, documents, or other tangible things provided
   36  to or collected by a crime stoppers organization, a law
   37  enforcement crime stoppers coordinator or his or her staff, or a
   38  law enforcement agency in connection with such privileged
   39  communication.
   40         (2) A person who engages in privileged communication under
   41  this section, a law enforcement crime stoppers coordinator or
   42  his or her staff, or a member of a crime stoppers organization’s
   43  board of directors may not be required:
   44         (a) To disclose, by way of testimony or any other means, a
   45  privileged communication or protected information unless such
   46  failure to disclose would infringe on the constitutional rights
   47  of an accused person.
   48         (b) To produce, under subpoena, any records, documentary
   49  evidence, opinions, or decisions relating to such privileged
   50  communication or protected information:
   51         1. In connection with a criminal case, criminal proceeding,
   52  or any administrative hearing; or
   53         2. By way of any discovery procedure.
   54         (3)(a) A person charged with a criminal offense may
   55  petition the court for inspection in camera of the protected
   56  information. The petition must allege that the protected
   57  information meets all of the following criteria:
   58         1. Provides evidence favorable to the defendant.
   59         2. Is specifically related to the determination of the
   60  innocence or guilt of the petitioner.
   61         3. Is such that, if it is not disclosed, will cause a
   62  deprivation of a constitutional right of the petitioner.
   63         (b) If the court determines that all of the criteria
   64  specified in paragraph (a) are satisfied, the court may order
   65  the production and disclosure of all or any part of the
   66  protected information, while, to the fullest extent possible,
   67  protecting the identity of the persons who engaged in privileged
   68  communication.
   69         (4) A person who discloses any information related to
   70  privileged communication or protected information commits a
   71  felony of the third degree, punishable as provided in s.
   72  775.082, s. 775.083, or s. 775.083.
   73         Section 2. This act shall take effect October 1, 2018.