SB 160 — Peer-to-peer Support for First Responders

Florida Senate - 2020 CS for CS for SB 160 By the CommitteesCommittee on Rules;Judiciary;

and Judiciary;Senators Perry and Hooper 590-01369-20 2020160c1 A bill to be entitled An act relating to peer-to-peer support for first responders;

and Senators Perry and Hooper 595-04460-20 2020160c2 A bill to be entitled An act relating to peer-to-peer support for first responders;

prohibiting a first responder peer from testifying or divulging specified information except under certain circumstances;

providing thatexceptions; there is no liability on the part of, and no cause of action against, a first responder peer for disclosing certain information;

providingprohibiting thatliability and a firstcause responderof peeraction whounder violatescertain thecircumstances; act is subject to disciplinary action;

providing that certain information improperly divulged is inadmissible in criminal, civil, administrative, and disciplinary proceedings;

1611 Be It Enacted by the Legislature of the State of Florida:

1813 Section 1. Section 111.09, Florida Statutes, is created to read:

112.1815 and includes public safety communications officers, dispatchers, and 911 publicor safetyother telecommunicatorsphone assystem definedoperators inwhose s.job duties include providing support or services to first responders.

401.465(b) “First whoseresponder jobpeer” dutiesmeans includea providingperson supportwho oris servicesnot toa firsthealth responders,care andpractitioner correctional officers and correctionalwho probationis officersa: as defined in s.

943.10.1. First responder from the same employing agency as the person seeking peer support;

(b) “Firstor responder2. Civilian peer”designated meansby athe personfirst who:responder’s employing agency who has received training in providing physical, moral, or emotional support to first responders.

1. Is(c) “Health notcare apractitioner” healthhas carethe practitionersame meaning as definedprovided in s.

2. Has(d) “Peer experiencesupport workingcommunication” asmeans one or more oral communications, made with a mutual expectation of confidentiality, between a first responder regardingand anya first responder peer for the purpose of discussing physical or emotional conditions or issues associated with thebeing a first responder’sresponder employment.and which may extend for a period of 3 days.

(c) “Peer(2) A supportfirst communication”responder meanspeer onemay ornot moredivulge oral communications, made with a mutualpeer expectationsupport ofcommunication confidentialityor whileinformation theobtained firstfrom respondera peer is providing peer support incommunication his or hertestify officialregarding capacity,information betweenobtained afrom first responder and a first responder peer forsupport thecommunication purposein ofany discussingcivil, physicalcriminal, oradministrative, emotional conditions or issuesdisciplinary associatedproceeding, withexcept beingin athe firstfollowing responder.circumstances:

(2) A(a) The first responder peer mayis nota divulgedefendant in a peercivil, supportcriminal, communicationadministrative, or testifydisciplinary proceeding arising from a complaint filed by the first responder, in anywhich civil,case criminal,such administrative,information ormay disciplinarybe proceeding,divulged exceptbut whenis anylimited ofto the followingscope occur:of the proceeding.

(a) The(b) The first responder peeragrees, is a defendant in awriting, civil,to aallow criminal, an administrative, or a disciplinary proceeding arising from a complaint filed by the first responder,responder inpeer whichto casetestify suchabout informationor maydivulge beinformation divulgedrelated but is limited to the scopepeer ofsupport thecommunications. proceeding.

(b) The(c) The communications by the first responder agrees,cause inthe writing,first responder peer to allowsuspect that the first responder peerhas tocommitted testifya aboutcriminal act or divulgeintends information related to thecommit peer-to-peera support.criminal act.

(c) TheThere communicationsis byno liability on the firstpart responderof, and no cause theof firstaction responderof peerany tonature suspectmay thatarise against, the first responder haspeer committedfor adisclosing criminalinformation act.under this paragraph.

There(d) There isare noarticulable liabilityfacts onor thecircumstances partthat of,would andlead noa causereasonable, ofprudent actionperson to fear for the safety of anythe naturefirst mayresponder, ariseanother against,person, aor society, and the first responder peer forcommunicates disclosingthe information underonly thisto paragraph.the potential victims, appropriate family members, or a law enforcement agency or other appropriate authorities.

(d) ThereThere areis articulableno factsliability oron circumstancesthe thatpart wouldof, leadand ano reasonable,cause prudentof personaction to fear for the safety of theany firstnature responder,may anotherarise person,against, or society, and the first responder peer communicatesfor thedisclosing information onlyunder tothis theparagraph. potential victims, appropriate family members, or law enforcement or other appropriate authorities.

There(3) This issection nodoes liabilitynot onlimit the partdisclosure, of,discovery, andor noadmissibility cause of actioninformation, oftestimony, anyor natureevidence maythat ariseis against,obtained by a first responder peer forfrom disclosinga informationsource underother thisthan paragraph.a peer support communication.

(3) A first responder peer who divulges information in violation of this section is subject to disciplinary action by the appropriate licensing agency.

Information improperly divulged in violation of this section is inadmissible in any criminal, civil, administrative, or disciplinary proceeding.

(4) This section does not limit the disclosure, discovery, or admissibility of information, testimony, or evidence that is obtained by a first responder peer from a source other than a peer support communication.