Florida Senate - 2020                                     SB 160
       
       
        
       By Senator Perry
       
       
       
       
       
       8-00235A-20                                            2020160__
    1                        A bill to be entitled                      
    2         An act relating to peer-to-peer support for first
    3         responders; creating s. 111.09, F.S.; defining terms;
    4         prohibiting a person who is not a health care
    5         practitioner and who provides peer-to-peer support to
    6         a first responder from testifying or divulging
    7         specified information under certain circumstances;
    8         providing exceptions; prohibiting liability and a
    9         cause of action under certain circumstances; providing
   10         an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 111.09, Florida Statutes, is created to
   15  read:
   16         111.09 Peer-to-peer support for first responders.—
   17         (1) For purposes of this section, the term:
   18         (a) “First responder” has the same meaning as provided in
   19  s. 112.1815 and includes public safety communications officers,
   20  dispatchers, and 911 or other phone system operators whose job
   21  duties include providing support or services to first
   22  responders.
   23         (b) “Health care practitioner” has the same meaning as
   24  provided in s. 456.001.
   25         (c) “Peer-to-peer support” means any conversation or
   26  communication between a first responder and a person who is not
   27  a health care practitioner but who has experience working as or
   28  with a first responder regarding any physical or emotional
   29  conditions or issues associated with the first responder’s
   30  employment.
   31         (2) A person who is not a health care practitioner and who
   32  provides peer-to-peer support to a first responder may not
   33  testify in any civil, criminal, administrative, or disciplinary
   34  proceeding or otherwise divulge information obtained during such
   35  peer-to-peer support, except when any of the following occur:
   36         (a) The person providing peer-to-peer support is a
   37  defendant in a civil, criminal, administrative, or disciplinary
   38  proceeding arising from a complaint filed by the first
   39  responder, in which case such information may be divulged but is
   40  limited to the scope of the proceeding.
   41         (b) The first responder agrees, in writing, to allow the
   42  person to testify about or divulge information related to the
   43  peer-to-peer support.
   44         (c) There are articulable facts or circumstances that would
   45  lead a reasonable, prudent person to fear for the safety of the
   46  first responder, another person, or society, and the person
   47  providing peer-to-peer support communicates the information only
   48  to the potential victims, appropriate family members, or law
   49  enforcement or other appropriate authorities. There is no
   50  liability on the part of, and no cause of action of any nature
   51  may arise against, the person for disclosing information under
   52  this paragraph.
   53         Section 2. This act shall take effect July 1, 2020.