Florida Senate - 2020                              CS for SB 160
       
       
        
       By the Committee on Judiciary; and Senators Perry and Hooper
       
       
       
       
       
       590-01369-20                                           2020160c1
    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 first responder peer from testifying or
    5         divulging specified information under certain
    6         circumstances; providing exceptions; prohibiting
    7         liability and a cause of action under certain
    8         circumstances; providing construction; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 111.09, Florida Statutes, is created to
   14  read:
   15         111.09 Peer-to-peer support for first responders.—
   16         (1) For purposes of this section, the term:
   17         (a) “First responder” has the same meaning as provided in
   18  s. 112.1815 and includes public safety communications officers,
   19  dispatchers, and 911 or other phone system operators whose job
   20  duties include providing support or services to first
   21  responders.
   22         (b) “First responder peer” means a person who is not a
   23  health care practitioner and who is a:
   24         1. First responder from the same employing agency as the
   25  person seeking peer support; or
   26         2. Civilian designated by the first responder’s employing
   27  agency who has received training in providing physical, moral,
   28  or emotional support to first responders.
   29         (c) “Health care practitioner” has the same meaning as
   30  provided in s. 456.001.
   31         (d) “Peer support communication” means one or more oral
   32  communications, made with a mutual expectation of
   33  confidentiality, between a first responder and a first responder
   34  peer for the purpose of discussing physical or emotional
   35  conditions or issues associated with being a first responder and
   36  which may extend for a period of 3 days.
   37         (2) A first responder peer may not divulge a peer support
   38  communication or information obtained from a peer support
   39  communication or testify regarding information obtained from a
   40  peer support communication in any civil, criminal,
   41  administrative, or disciplinary proceeding, except in the
   42  following circumstances:
   43         (a) The first responder peer is a defendant in a civil,
   44  criminal, administrative, or disciplinary proceeding arising
   45  from a complaint filed by the first responder, in which case
   46  such information may be divulged but is limited to the scope of
   47  the proceeding.
   48         (b) The first responder agrees, in writing, to allow the
   49  first responder peer to testify about or divulge information
   50  related to the peer support communications.
   51         (c) The communications by the first responder cause the
   52  first responder peer to suspect that the first responder has
   53  committed a criminal act or intends to commit a criminal act.
   54  There is no liability on the part of, and no cause of action of
   55  any nature may arise against, the first responder peer for
   56  disclosing information under this paragraph.
   57         (d) There are articulable facts or circumstances that would
   58  lead a reasonable, prudent person to fear for the safety of the
   59  first responder, another person, or society, and the first
   60  responder peer communicates the information only to the
   61  potential victims, appropriate family members, or a law
   62  enforcement agency or other appropriate authorities. There is no
   63  liability on the part of, and no cause of action of any nature
   64  may arise against, the first responder peer for disclosing
   65  information under this paragraph.
   66         (3) This section does not limit the disclosure, discovery,
   67  or admissibility of information, testimony, or evidence that is
   68  obtained by a first responder peer from a source other than a
   69  peer support communication.
   70         Section 2. This act shall take effect July 1, 2020.