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.