Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 160
       
       
       
       
       
       
                                Ì625854?Î625854                         
       
                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Perry) recommended the following:
       
    1         Senate Substitute for Amendment (142354) (with title
    2  amendment)
    3  
    4         Delete lines 23 - 52
    5  and insert:
    6         prohibiting a first responder peer from testifying or
    7         divulging specified information under certain
    8         circumstances; providing exceptions; prohibiting
    9         liability and a cause of action under certain
   10         circumstances; providing construction; providing
   11  
   12  ================= T I T L E  A M E N D M E N T ================
   13  And the title is amended as follows:
   14         Delete lines 4 - 9
   15  and insert:
   16         (b) “First responder peer” means a person who is not a
   17         health care practitioner and who is a:1. First
   18         responder from the same employing agency as the person
   19         seeking peer support; or2. Civilian designated by the
   20         first responder’s employing agency who has received
   21         training in providing physical, moral, or emotional
   22         support to first responders.(c) “Health care
   23         practitioner” has the same meaning as provided in s.
   24         456.001.(d) “Peer support communication” means one or
   25         more oral communications, made with a mutual
   26         expectation of confidentiality, between a first
   27         responder and a first responder peer for the purpose
   28         of discussing physical or emotional conditions or
   29         issues associated with being a first responder and
   30         which may extend for a period of 3 days.(2) A first
   31         responder peer may not divulge a peer support
   32         communication or information obtained from a peer
   33         support communication or testify regarding information
   34         obtained from a peer support communication in any
   35         civil, criminal, administrative, or disciplinary
   36         proceeding, except in the following circumstances:(a)
   37         The first responder peer is a defendant in a civil,
   38         criminal, administrative, or disciplinary proceeding
   39         arising from a complaint filed by the first responder,
   40         in which case such information may be divulged but is
   41         limited to the scope of the proceeding.(b) The first
   42         responder agrees, in writing, to allow the first
   43         responder peer to testify about or divulge information
   44         related to the peer support communications.(c) The
   45         communications by the first responder cause the first
   46         responder peer to suspect that the first responder has
   47         committed a criminal act or intends to commit a
   48         criminal act. There is no liability on the part of,
   49         and no cause of action of any nature may arise
   50         against, the first responder peer for disclosing
   51         information under this paragraph.(d) There are
   52         articulable facts or circumstances that would lead a
   53         reasonable, prudent person to fear for the safety of
   54         the first responder, another person, or society, and
   55         the first responder peer communicates the information
   56         only to the potential victims, appropriate family
   57         members, or a law enforcement agency or other
   58         appropriate authorities. There is no liability on the
   59         part of, and no cause of action of any nature may
   60         arise against, the first responder peer for disclosing
   61         information under this paragraph.(3) This section does
   62         not limit the disclosure, discovery, or admissibility
   63         of information, testimony, or evidence that is
   64         obtained by a first responder peer from a source other
   65         than a peer support communication.