Senate Bill sb0778e1

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    CS for SB 778                                  First Engrossed



  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 privilege; providing

  9         for the confidentiality of certain records,

10         proceedings, and communications; providing an

11         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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    CS for SB 778                                  First Engrossed



  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 privilege.--All

15  privileged information, whether attorney-client, work product,

16  or otherwise, in any form, furnished to the lawyer assistance

17  program shall remain privileged.

18         Section 5.  Confidentiality of records, proceedings,

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

20  communications by and between an individual seeking assistance

21  and the lawyer assistance program shall be deemed confidential

22  and shall not be subject to disclosure or available for court

23  subpoena. This section does not prevent the subpoena of

24  business records that are otherwise available through

25  subpoena, nor does this section preclude release or disclosure

26  of information or communications by the lawyer assistance

27  program when such disclosure is mandated or required as a

28  condition or precondition for entry in the program. Such

29  records are not to be construed as privileged merely because

30  they have been maintained by a lawyer assistance program.

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    CS for SB 778                                  First Engrossed



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

  2  law.

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