Bill Text: FL S1868 | 2021 | Regular Session | Comm Sub
Bill Title: Privileged Communications Made to Crime Stoppers Organizations
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Introduced - Dead) 2021-04-21 - Laid on Table, companion bill(s) passed, see CS/HB 363 (Ch. 2021-21) [S1868 Detail]
Download: Florida-2021-S1868-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 1868 By the Committees on Judiciary; and Criminal Justice; and Senator Bean 590-03549-21 20211868c2 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; limiting the uses of privileged 14 communications or evidence of such communications; 15 providing an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 16.557, Florida Statutes, is amended to 20 read: 21 16.557 Crime stoppers organizations; disclosure of 22 privileged communications or protected information; civil 23 immunity; use.— 24 (1) As used in this section, the term: 25 (a) “Crime stoppers organization” means a private not-for 26 profit organization that collects and expends donations for 27 rewards to persons who report to the organization information 28 concerning criminal activity, and forwards that information to 29 appropriate law enforcement agencies. 30 (b) “Privileged communication” means the act of providing 31 information to a crime stoppers organization for the purpose of 32 reporting alleged criminal activity. 33 (c) “Protected information” includes the identity of a 34 person who engages in privileged communication with a crime 35 stoppers organization and any records, recordings, oral or 36 written statements, papers, documents, or other tangible items 37 provided to or collected by a crime stoppers organization, a law 38 enforcement crime stoppers coordinator or his or her staff, or a 39 law enforcement agency in connection with such privileged 40 communication. 41 (2)(a) Exceptpursuant to criminal discovery oras provided 42 in paragraph (b), a person who knowingly and willfully attempts 43 to obtain, obtains, or discloses a privileged communication or 44 protected information, or any information concerning a 45 privileged communication or protected information, commits a 46 felony of the third degree, punishable as provided in s. 47 775.082, s. 775.083, or s. 775.084. 48 (b) This subsection does not apply to: 49 1. The person who provides the privileged communication or 50 protected information;or51 2. An employee, a board member, or a volunteer of a crime 52 stoppers organization while acting in the course and scope of 53 the person’s duties or functions; or 54 3.2.A law enforcement officer or an employee of a law 55 enforcement agency or the Department of Legal Affairs when he or 56 she is acting within the scope of his or her official duties. 57 (3) A person in the course and scope of his or her duties 58 or functions who receives, forwards, or acts on a privileged 59 communication is immune from civil liability for damages 60 resulting from an act or omission in the performance of his or 61 her duties or functions unless the act or omission was 62 intentional or grossly negligent. 63 (4)(a) Evidence of a privileged communication, and 64 information contained within a privileged communication, from an 65 anonymous source to a crime stoppers organization may not be: 66 1. Relied upon or considered in determining whether 67 probable cause exists to issue either an arrest or a search 68 warrant. 69 2. Admissible or subject to discovery in any court 70 proceeding. 71 (b) A privileged communication may only be used to assist a 72 law enforcement agency in directing an investigation of alleged 73 criminal activity. 74(c)This subsection does not limit the right of any75criminal defendant to criminal discovery.76 Section 2. This act shall take effect October 1, 2021.