Senate Bill sb0778c1

    Florida Senate - 2001                            CS for SB 778

    By the Committee on Judiciary and Senator Rossin





    308-1566-01

  1                      A bill to be entitled

  2         An act relating to lawyer assistance programs;

  3         providing civil immunity for persons making

  4         good-faith reports of information to a lawyer

  5         assistance program; providing for a presumption

  6         of good faith; providing for immunity for

  7         certain persons; providing that certain

  8         information is subject to the attorney-client

  9         privilege; providing for the confidentiality of

10         certain records, proceedings and

11         communications; providing an effective date.

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

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15         Section 1.  Civil immunity.--A person who in good faith

16  reports information or takes action in connection with a

17  lawyer assistance program or a person who receives information

18  in connection with a lawyer assistance program is immune from

19  civil liability for reporting the information, taking the

20  action, or taking no action, provided that such person has

21  acted in good faith and without malice.

22         Section 2.  Presumption of good faith.--A member of a

23  lawyer assistance program or a person reporting information to

24  a lawyer assistance program is presumed to have acted in good

25  faith and without malice. A person alleging lack of good faith

26  has the burden of proving bad faith and malice.

27         Section 3.  Persons entitled to immunity.--The civil

28  immunity provided for in this act shall be liberally construed

29  to accomplish the purposes of this act. The persons entitled

30  to immunity under this act include:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2001                            CS for SB 778
    308-1566-01




  1         (1)  Florida Lawyers Assistance, Inc., and other lawyer

  2  assistance programs approved by the Florida Supreme Court or

  3  The Florida Bar which provide assistance to attorneys who may

  4  be impaired because of abuse of alcohol or other drugs or

  5  because of any other physical or mental infirmity causing

  6  impairment.

  7         (2)  A member, employee, or agent of the program,

  8  association, or nonprofit corporation.

  9         (3)  A person who reports or provides information to

10  the program concerning an impaired legal professional,

11  including, but not limited to, a person designated to monitor

12  or supervise the course of treatment or rehabilitation of an

13  impaired professional.

14         Section 4.  Information subject to attorney-client

15  privilege.--All information, in any form, furnished to the

16  lawyer assistance program shall be privileged communication

17  and shall be governed by the laws pertaining to the

18  attorney-client privilege.

19         Section 5.  Confidentiality of records, proceedings,

20  and communications.--The records, proceedings, and all

21  communications of any lawyer assistance program shall be

22  deemed confidential and shall not be available for court

23  subpoena. This section does not prevent the subpoena of

24  business records that are otherwise available through

25  subpoena. Such records are not to be construed as privileged

26  merely because they have been maintained by a lawyer

27  assistance program.

28         Section 6.  This act shall take effect upon becoming a

29  law.

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    Florida Senate - 2001                            CS for SB 778
    308-1566-01




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                              SB 778

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  4  Clarifies the provisions governing the activities of lawyer
    assistance programs:
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    -     Grants civil immunity from liability to persons
  6        reporting information to, intaking information for, or
          otherwise participating or volunteering with the lawyer
  7        assistance program.

  8  -     Provides for the confidentiality of the program's
          records (other than business records), proceedings, and
  9        communications and precludes the use of a subpoena to
          access these confidential materials.
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    -     Makes communications based on all information provided
11        to the program privileged and makes the law governing
          attorney-client privilege applicable.
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CODING: Words stricken are deletions; words underlined are additions.