Florida Senate - 2018 SB 706 By Senator Steube 23-00477-18 2018706__ 1 A bill to be entitled 2 An act relating to crime stoppers organizations; 3 creating s. 90.595, F.S.; defining terms; prohibiting 4 a person who engages in privileged communication, a 5 law enforcement crime stoppers coordinator or his or 6 her staff, or a member of a crime stoppers 7 organization’s board of directors from being required 8 to disclose privileged communications or produce 9 protected information; providing an exception; 10 authorizing a person charged with a criminal offense 11 to petition the court to inspect the protected 12 information under certain circumstances; authorizing a 13 court to disclose all or a portion of the protected 14 information; providing criminal penalties; providing 15 an effective date. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Section 90.595, Florida Statutes, is created to 20 read: 21 90.595 Privileged communication with and the provision of 22 protected information to crime stoppers organizations.— 23 (1) As used in this section, the term: 24 (a) “Crime stoppers organization” means a private not-for 25 profit organization that collects and expends donations for 26 rewards to persons who report to the organization information 27 concerning criminal activity and forwards that information to 28 appropriate law enforcement agencies. 29 (b) “Privileged communication” means the act of providing 30 information to a crime stoppers organization for the purpose of 31 reporting alleged criminal activity. 32 (c) “Protected information” includes the identity of a 33 person who engages in privileged communication with a crime 34 stoppers program and any records, recordings, oral or written 35 statements, papers, documents, or other tangible things provided 36 to or collected by a crime stoppers organization, a law 37 enforcement crime stoppers coordinator or his or her staff, or a 38 law enforcement agency in connection with such privileged 39 communication. 40 (2) A person who engages in privileged communication under 41 this section, a law enforcement crime stoppers coordinator or 42 his or her staff, or a member of a crime stoppers organization’s 43 board of directors may not be required: 44 (a) To disclose, by way of testimony or any other means, a 45 privileged communication or protected information unless such 46 failure to disclose would infringe on the constitutional rights 47 of an accused person. 48 (b) To produce, under subpoena, any records, documentary 49 evidence, opinions, or decisions relating to such privileged 50 communication or protected information: 51 1. In connection with a criminal case, criminal proceeding, 52 or any administrative hearing; or 53 2. By way of any discovery procedure. 54 (3)(a) A person charged with a criminal offense may 55 petition the court for inspection in camera of the protected 56 information. The petition must allege that the protected 57 information meets all of the following criteria: 58 1. Provides evidence favorable to the defendant. 59 2. Is specifically related to the determination of the 60 innocence or guilt of the petitioner. 61 3. Is such that, if it is not disclosed, will cause a 62 deprivation of a constitutional right of the petitioner. 63 (b) If the court determines that all of the criteria 64 specified in paragraph (a) are satisfied, the court may order 65 the production and disclosure of all or any part of the 66 protected information, while, to the fullest extent possible, 67 protecting the identity of the persons who engaged in privileged 68 communication. 69 (4) A person who discloses any information related to 70 privileged communication or protected information commits a 71 felony of the third degree, punishable as provided in s. 72 775.082, s. 775.083, or s. 775.083. 73 Section 2. This act shall take effect October 1, 2018.