Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 160 Ì625854?Î625854 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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.