Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. CS for SB 706
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Steube) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 29 - 71
    4  and insert:
    5         (b) “Privileged communication” means a communication made
    6  to a crime stoppers organization for the purpose of reporting
    7  alleged criminal activity.
    8         (c) “Protected information” includes the identity of a
    9  person who engages in privileged communication with a crime
   10  stoppers program and any records, recordings, oral or written
   11  statements, papers, documents, or other tangible things provided
   12  to or collected by a crime stoppers organization, a law
   13  enforcement crime stoppers coordinator or his or her staff, or a
   14  law enforcement agency in connection with such privileged
   15  communication.
   16         (2) A person who engages in privileged communication under
   17  this section, a law enforcement crime stoppers coordinator or
   18  his or her staff, or an officer, director, or employee of a
   19  crime stoppers organization may not be required:
   20         (a) To disclose, by way of testimony or any other means, a
   21  privileged communication or protected information unless such
   22  failure to disclose would infringe on the constitutional rights
   23  of an accused person.
   24         (b) To produce, under subpoena, any records, documentary
   25  evidence, opinions, or decisions relating to such privileged
   26  communication or protected information:
   27         1. In connection with a criminal case, criminal proceeding,
   28  or any administrative hearing; or
   29         2. By way of any discovery procedure.
   30         (3)(a) A person charged with a criminal offense may
   31  petition the court for inspection in camera of the protected
   32  information. The petition must allege that the protected
   33  information meets all of the following criteria:
   34         1. Provides evidence favorable to the defendant.
   35         2. Is specifically related to the determination of the
   36  innocence or guilt of the defendant.
   37         3. Is such that, if it is not disclosed, will cause a
   38  deprivation of a constitutional right of the defendant.
   39         (b) If the court determines that all of the criteria
   40  specified in paragraph (a) are satisfied, the court may order
   41  the production and disclosure of all or any part of the
   42  protected information, while, to the fullest extent possible,
   43  protecting the identity of the persons who engaged in privileged
   44  communication.
   45         (4) A person, other than the person who provides the
   46  privileged communication, who discloses any information related
   47  to privileged communication or protected information to a person
   48  other than a law enforcement officer or an employee of a law
   49  enforcement agency commits a
   51  ================= T I T L E  A M E N D M E N T ================
   52  And the title is amended as follows:
   53         Delete lines 6 - 7
   54  and insert:
   55         her staff, or an officer, director, or employee a
   56         crime stoppers organization from being required