Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 160
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       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.