Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1868
       
       
       
       
       
       
                                Ì264456<Î264456                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/23/2021           .                                
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       The Committee on Criminal Justice (Bean) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 39 - 75
    4  and insert:
    5         (2)(a) Except pursuant to criminal discovery or as provided
    6  in paragraph (b), a person who knowingly and willfully attempts
    7  to obtain, obtains, or discloses a privileged communication, or
    8  protected information, or any information concerning a
    9  privileged communication or protected information commits a
   10  felony of the third degree, punishable as provided in s.
   11  775.082, s. 775.083, or s. 775.084.
   12         (b) This subsection does not apply to:
   13         1. The person who provides the privileged communication or
   14  protected information; or
   15         2. An employee, board member, or volunteer of a crime
   16  stoppers organization while acting in the course and scope of
   17  the person’s duties or functions;
   18         3.2. A law enforcement officer or an employee of a law
   19  enforcement agency or the Department of Legal Affairs when he or
   20  she is acting within the scope of his or her official duties;
   21  or.
   22         4. A person complying with criminal discovery rules.
   23         (c) This subsection does not limit the right of any
   24  criminal defendant to criminal discovery.
   25         (3) A person who, in the course and scope of his or her
   26  duties or functions receives, forwards, or acts on a privileged
   27  communication is immune from civil liability for damages
   28  resulting from an act or omission in the performance of his or
   29  her duties or functions unless the act or omission was
   30  intentional or grossly negligent.
   31  
   32  ================= T I T L E  A M E N D M E N T ================
   33  And the title is amended as follows:
   34         Delete lines 4 - 12
   35  and insert:
   36         F.S.; prohibiting a person from knowingly and
   37         willfully attempting to obtain, obtaining, or
   38         disclosing a privileged communication or protected
   39         information; providing a penalty; providing an
   40         exemption from criminal liability for employees, board
   41         members, or volunteers of crime stoppers organization
   42         in certain circumstances; providing immunity from
   43         civil liability for certain actions by specified
   44         persons concerning privileged communications;