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.