Florida Senate - 2019                                    SB 1294
       
       
        
       By Senator Perry
       
       
       
       
       
       8-01225B-19                                           20191294__
    1                        A bill to be entitled                      
    2         An act relating to peer support for first responders;
    3         creating s. 125.272, F.S.; providing definitions;
    4         prohibiting a person who is not a health care
    5         practitioner who provides peer-to-peer support to a
    6         first responder from testifying or divulging
    7         information under certain circumstances; providing
    8         exceptions; creating s. 166.0494, F.S.; providing
    9         definitions; prohibiting a person who is not a health
   10         care practitioner who provides peer-to-peer support to
   11         a first responder from testifying or divulging
   12         information under certain circumstances; providing
   13         exceptions; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 125.272, Florida Statutes, is created to
   18  read:
   19         125.272Peer support for first responders.—
   20         (1)For purposes of this section, the term:
   21         (a)“First responder” has the same meaning as provided in
   22  s. 125.01045, and includes public safety communications
   23  officers, dispatchers, and 911 or other phone system operators
   24  whose job duties include providing support or services to first
   25  responders.
   26         (b)“Health care practitioner” has the same meaning as
   27  provided in s. 456.001.
   28         (c)“Peer-to-peer support” means any conversation or
   29  communication between a first responder and a person who is not
   30  a health care practitioner but who has experience working as or
   31  with a first responder regarding any physical or emotional
   32  conditions or issues associated with the first responder’s
   33  employment.
   34         (2)A person who is not a health care practitioner who
   35  provides peer-to-peer support to a first responder may not
   36  testify in any civil, criminal, administrative, or disciplinary
   37  proceeding or otherwise divulge information obtained during such
   38  peer-to-peer support, except when:
   39         (a)The person providing peer-to-peer support is a
   40  defendant in a civil, criminal, administrative, or disciplinary
   41  proceeding arising from a complaint filed by the first
   42  responder, in which case such information may be divulged but
   43  shall be limited to the scope of the proceeding.
   44         (b)The first responder agrees, in writing, to allow the
   45  person to testify about or divulge information related to the
   46  peer-to-peer support.
   47         (c)There are articulable facts or circumstances that would
   48  lead a reasonable, prudent person to fear for the safety of the
   49  first responder, another person, or society, and the person
   50  providing peer-to-peer support communicates the information only
   51  to the potential victims, appropriate family members, or law
   52  enforcement or other appropriate authorities. There shall be no
   53  liability on the part of, and no cause of action of any nature
   54  shall arise against, the person for the disclosure of
   55  information under this paragraph.
   56         Section 2. Section 166.0494, Florida Statutes, is created
   57  to read:
   58         166.0494Peer support for first responders.—
   59         (1)For purposes of this section, the term:
   60         (a)“First responder” has the same meaning as provided in
   61  s. 166.0446, and also includes public safety communications
   62  officers, dispatchers, and 911 or other phone system operators
   63  whose job duties include providing support or services to first
   64  responders.
   65         (b)“Health care practitioner” has the same meaning as
   66  provided in s. 456.001.
   67         (c)“Peer-to-peer support” means any conversation or
   68  communication between a first responder and a person who is not
   69  a health care practitioner but who has experience working as or
   70  with a first responder regarding any physical or emotional
   71  conditions or issues associated with the first responder’s
   72  employment.
   73         (2)A person who is not a health care practitioner who
   74  provides peer-to-peer support to a first responder may not
   75  testify in any civil, criminal, administrative, or disciplinary
   76  proceeding or otherwise divulge information obtained during such
   77  peer-to-peer support, except when:
   78         (a)The person providing peer-to-peer support is a
   79  defendant in a civil, criminal, administrative, or disciplinary
   80  proceeding arising from a complaint filed by the first
   81  responder, in which case such information may be divulged but
   82  shall be limited to the scope of the proceeding.
   83         (b)The first responder agrees, in writing, to allow the
   84  person to testify about or divulge information related to the
   85  peer-to-peer support.
   86         (c)There are articulable facts or circumstances that would
   87  lead a reasonable, prudent person to fear for the safety of the
   88  first responder, another person, or society, and the person
   89  providing peer-to-peer support communicates the information only
   90  to the potential victims, appropriate family members, or law
   91  enforcement or other appropriate authorities. There shall be no
   92  liability on the part of, and no cause of action of any nature
   93  shall arise against, the person for the disclosure of
   94  information under this paragraph.
   95         Section 3. This act shall take effect July 1, 2019.