Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 160
       
       
       
       
       
       
                                Ì142354!Î142354                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  11/14/2019           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Judiciary (Perry) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 23 - 52
    4  and insert:
    5         (b) “First responder peer” means a person who is not a
    6  health care practitioner and who is a:
    7         1. First responder from the same employing agency as the
    8  person seeking peer support; or
    9         2. Civilian designated by the first responder’s employing
   10  agency who has received training in providing physical, moral,
   11  or emotional support to first responders.
   12         (c) “Health care practitioner” has the same meaning as
   13  provided in s. 456.001.
   14         (d) “Peer support communication” means oral communications,
   15  made with a mutual expectation of confidentiality, between a
   16  first responder and a first responder peer for the purpose of
   17  discussing physical or emotional conditions or issues associated
   18  with being a first responder.
   19         (2) A first responder peer may not divulge a peer support
   20  communication or information obtained from a peer support
   21  communication or testify regarding information obtained from a
   22  peer support communication in any civil, criminal,
   23  administrative, or disciplinary proceeding, except in the
   24  following circumstances:
   25         (a) The first responder peer is a defendant in a civil,
   26  criminal, administrative, or disciplinary proceeding arising
   27  from a complaint filed by the first responder, in which case
   28  such information may be divulged but is limited to the scope of
   29  the proceeding.
   30         (b) The first responder agrees, in writing, to allow the
   31  first responder peer to testify about or divulge information
   32  related to the peer support communications.
   33         (c) The first responder admitted to committing a criminal
   34  act involving violence against another person or sexual abuse,
   35  or domestic abuse. There is no liability on the part of, and no
   36  cause of action of any nature may arise against, the first
   37  responder peer for disclosing information under this paragraph.
   38         (d) There are articulable facts or circumstances that would
   39  lead a reasonable, prudent person to fear for the safety of the
   40  first responder, another person, or society, and the first
   41  responder peer communicates the information only to the
   42  potential victims, appropriate family members, or a law
   43  enforcement agency or other appropriate authorities. There is no
   44  liability on the part of, and no cause of action of any nature
   45  may arise against, the first responder peer for disclosing
   46  information under this paragraph.
   47         (3) This section does not limit the disclosure, discovery,
   48  or admissibility of information, testimony, or evidence that is
   49  obtained by a first responder peer from a source other than a
   50  peer support communication.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53  And the title is amended as follows:
   54         Delete lines 4 - 9
   55  and insert:
   56         prohibiting a first responder peer from testifying or
   57         divulging specified information under certain
   58         circumstances; providing exceptions; prohibiting
   59         liability and a cause of action under certain
   60         circumstances; providing construction; providing