Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 160 Ì682522ÆÎ682522 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Rules (Perry) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 111.09, Florida Statutes, is created to 6 read: 7 111.09 Peer-to-peer support for first responders.— 8 (1) For purposes of this section, the term: 9 (a) “First responder” has the same meaning as provided in 10 s. 112.1815 and includes public safety communications officers, 11 dispatchers, 911 public safety telecommunicators as defined in 12 s. 401.465 whose job duties include providing support or 13 services to first responders, and correctional officers and 14 correctional probation officers as defined in s. 943.10. 15 (b) “First responder peer” means a person who: 16 1. Is not a health care practitioner as defined in s. 17 456.001. 18 2. Has experience working as or with a first responder 19 regarding any physical or emotional conditions or issues 20 associated with the first responder’s employment. 21 (c) “Peer support communication” means one or more oral 22 communications, made with a mutual expectation of 23 confidentiality while the first responder peer is providing peer 24 support in his or her official capacity, between a first 25 responder and a first responder peer for the purpose of 26 discussing physical or emotional conditions or issues associated 27 with being a first responder. 28 (2) A first responder peer may not divulge a peer support 29 communication or testify in any civil, criminal, administrative, 30 or disciplinary proceeding, except when any of the following 31 occur: 32 (a) The first responder peer is a defendant in a civil, a 33 criminal, an administrative, or a disciplinary proceeding 34 arising from a complaint filed by the first responder, in which 35 case such information may be divulged but is limited to the 36 scope of the proceeding. 37 (b) The first responder agrees, in writing, to allow the 38 first responder peer to testify about or divulge information 39 related to the peer-to-peer support. 40 (c) The communications by the first responder cause the 41 first responder peer to suspect that the first responder has 42 committed a criminal act. There is no liability on the part of, 43 and no cause of action of any nature may arise against, a first 44 responder peer for disclosing information under this paragraph. 45 (d) There are articulable facts or circumstances that would 46 lead a reasonable, prudent person to fear for the safety of the 47 first responder, another person, or society, and the first 48 responder peer communicates the information only to the 49 potential victims, appropriate family members, or law 50 enforcement or other appropriate authorities. There is no 51 liability on the part of, and no cause of action of any nature 52 may arise against, a first responder peer for disclosing 53 information under this paragraph. 54 (3) A first responder peer who divulges information in 55 violation of this section is subject to disciplinary action by 56 the appropriate licensing agency. Information improperly 57 divulged in violation of this section is inadmissible in any 58 criminal, civil, administrative, or disciplinary proceeding. 59 (4) This section does not limit the disclosure, discovery, 60 or admissibility of information, testimony, or evidence that is 61 obtained by a first responder peer from a source other than a 62 peer support communication. 63 Section 2. This act shall take effect July 1, 2020. 64 65 ================= T I T L E A M E N D M E N T ================ 66 And the title is amended as follows: 67 Delete everything before the enacting clause 68 and insert: 69 A bill to be entitled 70 An act relating to peer-to-peer support for first 71 responders; creating s. 111.09, F.S.; defining terms; 72 prohibiting a first responder peer from testifying or 73 divulging specified information except under certain 74 circumstances; providing that there is no liability on 75 the part of, and no cause of action against, a first 76 responder peer for disclosing certain information; 77 providing that a first responder peer who violates the 78 act is subject to disciplinary action; providing that 79 certain information improperly divulged is 80 inadmissible in criminal, civil, administrative, and 81 disciplinary proceedings; providing construction; 82 providing an effective date.