Florida Senate - 2020 CS for CS for SB 160 By the Committees on Rules; and Judiciary; and Senators Perry and Hooper 595-04460-20 2020160c2 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 except under certain 6 circumstances; providing that there is no liability on 7 the part of, and no cause of action against, a first 8 responder peer for disclosing certain information; 9 providing that a first responder peer who violates the 10 act is subject to disciplinary action; providing that 11 certain information improperly divulged is 12 inadmissible in criminal, civil, administrative, and 13 disciplinary proceedings; providing construction; 14 providing an effective date. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 18 Section 1. Section 111.09, Florida Statutes, is created to 19 read: 20 111.09 Peer-to-peer support for first responders.— 21 (1) For purposes of this section, the term: 22 (a) “First responder” has the same meaning as provided in 23 s. 112.1815 and includes public safety communications officers, 24 dispatchers, 911 public safety telecommunicators as defined in 25 s. 401.465 whose job duties include providing support or 26 services to first responders, and correctional officers and 27 correctional probation officers as defined in s. 943.10. 28 (b) “First responder peer” means a person who: 29 1. Is not a health care practitioner as defined in s. 30 456.001. 31 2. Has experience working as a first responder regarding 32 any physical or emotional conditions or issues associated with 33 the first responder’s employment. 34 (c) “Peer support communication” means one or more oral 35 communications, made with a mutual expectation of 36 confidentiality while the first responder peer is providing peer 37 support in his or her official capacity, between a first 38 responder and a first responder peer for the purpose of 39 discussing physical or emotional conditions or issues associated 40 with being a first responder. 41 (2) A first responder peer may not divulge a peer support 42 communication or testify in any civil, criminal, administrative, 43 or disciplinary proceeding, except when any of the following 44 occur: 45 (a) The first responder peer is a defendant in a civil, a 46 criminal, an administrative, or a disciplinary proceeding 47 arising from a complaint filed by the first responder, in which 48 case such information may be divulged but is limited to the 49 scope of the proceeding. 50 (b) The first responder agrees, in writing, to allow the 51 first responder peer to testify about or divulge information 52 related to the peer-to-peer support. 53 (c) The communications by the first responder cause the 54 first responder peer to suspect that the first responder has 55 committed a criminal act. There is no liability on the part of, 56 and no cause of action of any nature may arise against, a first 57 responder peer for disclosing information under this paragraph. 58 (d) There are articulable facts or circumstances that would 59 lead a reasonable, prudent person to fear for the safety of the 60 first responder, another person, or society, and the first 61 responder peer communicates the information only to the 62 potential victims, appropriate family members, or law 63 enforcement or other appropriate authorities. There is no 64 liability on the part of, and no cause of action of any nature 65 may arise against, a first responder peer for disclosing 66 information under this paragraph. 67 (3) A first responder peer who divulges information in 68 violation of this section is subject to disciplinary action by 69 the appropriate licensing agency. Information improperly 70 divulged in violation of this section is inadmissible in any 71 criminal, civil, administrative, or disciplinary proceeding. 72 (4) This section does not limit the disclosure, discovery, 73 or admissibility of information, testimony, or evidence that is 74 obtained by a first responder peer from a source other than a 75 peer support communication. 76 Section 2. This act shall take effect July 1, 2020.