Florida Senate - 2021                             CS for SB 1868
       
       
        
       By the Committee on Criminal Justice; and Senator Bean
       
       
       
       
       
       591-03239-21                                          20211868c1
    1                        A bill to be entitled                      
    2         An act relating to privileged communications made to
    3         crime stoppers organizations; amending s. 16.557,
    4         F.S.; prohibiting a person from knowingly and
    5         willfully attempting to obtain, obtaining, or
    6         disclosing a privileged communication or protected
    7         information; providing a penalty; providing an
    8         exemption from criminal liability for employees, board
    9         members, or volunteers of a crime stoppers
   10         organization in certain circumstances; providing
   11         immunity from civil liability for certain actions by
   12         specified persons concerning privileged
   13         communications; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Section 16.557, Florida Statutes, is amended to
   18  read:
   19         16.557 Crime stoppers organizations; disclosure of
   20  privileged communications or protected information; civil
   21  immunity; use.—
   22         (1) As used in this section, the term:
   23         (a) “Crime stoppers organization” means a private not-for
   24  profit organization that collects and expends donations for
   25  rewards to persons who report to the organization information
   26  concerning criminal activity, and forwards that information to
   27  appropriate law enforcement agencies.
   28         (b) “Privileged communication” means the act of providing
   29  information to a crime stoppers organization for the purpose of
   30  reporting alleged criminal activity.
   31         (c) “Protected information” includes the identity of a
   32  person who engages in privileged communication with a crime
   33  stoppers organization and any records, recordings, oral or
   34  written statements, papers, documents, or other tangible items
   35  provided to or collected by a crime stoppers organization, a law
   36  enforcement crime stoppers coordinator or his or her staff, or a
   37  law enforcement agency in connection with such privileged
   38  communication.
   39         (2)(a) Except pursuant to criminal discovery or as provided
   40  in paragraph (b), a person who knowingly and willfully attempts
   41  to obtain, obtains, or discloses a privileged communication or
   42  protected information, or any information concerning a
   43  privileged communication or protected information, commits a
   44  felony of the third degree, punishable as provided in s.
   45  775.082, s. 775.083, or s. 775.084.
   46         (b) This subsection does not apply to:
   47         1. The person who provides the privileged communication or
   48  protected information; or
   49         2. An employee, board member, or volunteer of a crime
   50  stoppers organization while acting in the course and scope of
   51  the person’s duties or functions;
   52         3.2. A law enforcement officer or an employee of a law
   53  enforcement agency or the Department of Legal Affairs when he or
   54  she is acting within the scope of his or her official duties;
   55  or.
   56         4. A person complying with criminal discovery rules.
   57         (c) This subsection does not limit the right of any
   58  criminal defendant to criminal discovery.
   59         (3) A person in the course and scope of his or her duties
   60  or functions who receives, forwards, or acts on a privileged
   61  communication is immune from civil liability for damages
   62  resulting from an act or omission in the performance of his or
   63  her duties or functions unless the act or omission was
   64  intentional or grossly negligent.
   65         Section 2. This act shall take effect October 1, 2021.