Florida Senate - 2019                                    SB 1766
       By Senator Gruters
       23-00646C-19                                          20191766__
    1                        A bill to be entitled                      
    2         An act relating to crime stoppers programs; creating
    3         s. 90.595, F.S.; providing definitions; prohibiting a
    4         person who engages in privileged communication, a law
    5         enforcement crime stoppers coordinator or his or her
    6         staff, or a member of a crime stoppers organization’s
    7         board of directors from being required to disclose
    8         privileged communications or produce protected
    9         information; providing an exception; authorizing a
   10         person charged with a criminal offense to petition the
   11         court to inspect the protected information under
   12         certain circumstances; authorizing a court to disclose
   13         all or a portion of the protected information;
   14         providing criminal penalties; providing exceptions;
   15         amending s. 16.555, F.S.; specifying permissible uses
   16         for funds awarded to counties from the Crime Stoppers
   17         Trust Fund; authorizing certain unencumbered funds to
   18         be reallocated to other judicial circuits after the
   19         initial disbursement of funds; providing an effective
   20         date.
   22  Be It Enacted by the Legislature of the State of Florida:
   24         Section 1. Section 90.595, Florida Statutes, is created to
   25  read:
   26         90.595Privileged communication with and the provision of
   27  protected information to crime stoppers organizations.—
   28         (1)As used in this section, the term:
   29         (a)“Crime stoppers organization” means a private not-for
   30  profit organization that collects and expends donations for
   31  rewards to persons who report to the organization information
   32  concerning criminal activity and forwards that information to
   33  appropriate law enforcement agencies.
   34         (b)“Privileged communication” means the act of providing
   35  information to a crime stoppers organization for the purpose of
   36  reporting alleged criminal activity.
   37         (c)“Protected information” includes the identity of a
   38  person who engages in privileged communication with a crime
   39  stoppers program and any records, recordings, oral or written
   40  statements, papers, documents, or other tangible things provided
   41  to or collected by a crime stoppers organization, a law
   42  enforcement crime stoppers coordinator or his or her staff, or a
   43  law enforcement agency in connection with such privileged
   44  communication.
   45         (2)A person who engages in privileged communication under
   46  this section, a law enforcement crime stoppers coordinator or
   47  his or her staff, or a member of a crime stoppers organization’s
   48  board of directors may not be required:
   49         (a)To disclose, by way of testimony or any other means, a
   50  privileged communication or protected information unless such
   51  failure to disclose would infringe on the constitutional rights
   52  of an accused person.
   53         (b)To produce, under subpoena, any records, documentary
   54  evidence, opinions, or decisions relating to such privileged
   55  communication or protected information:
   56         1.In connection with a criminal case, criminal proceeding,
   57  or any administrative hearing; or
   58         2.By way of any discovery procedure.
   59         (3)(a)A person charged with a criminal offense may
   60  petition the court for inspection in camera of the protected
   61  information. The petition must allege that the protected
   62  information meets all of the following criteria:
   63         1.Provides evidence favorable to the defendant.
   64         2.Is specifically related to the determination of the
   65  innocence or guilt of the petitioner.
   66         3.Is such that, if it is not disclosed, will cause a
   67  deprivation of a constitutional right of the petitioner.
   68         (b)If the court determines that all of the criteria
   69  specified in paragraph (a) are satisfied, the court may order
   70  the production and disclosure of all or any part of the
   71  protected information, while, to the fullest extent possible,
   72  protecting the identity of the persons who engaged in privileged
   73  communication.
   74         (4)(a)Except as provided in paragraph (b), a person who
   75  discloses any information related to privileged communication or
   76  protected information commits a felony of the third degree,
   77  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   78         (b)This subsection does not apply to:
   79         1.The person who provides the privileged communication; or
   80         2.A law enforcement officer or an employee of a law
   81  enforcement agency or the Department of Legal Affairs when
   82  acting within the scope of his or her official duties.
   83         Section 2. Paragraphs (e) and (f) are added to subsection
   84  (5) of section 16.555, Florida Statutes, to read:
   85         16.555 Crime Stoppers Trust Fund; rulemaking.—
   86         (5)
   87         (e)A county that is awarded a grant under this section may
   88  use such funds to pay rewards for tips that result in any of the
   89  following:
   90         1.An arrest.
   91         2.Recovery of stolen property.
   92         3.Recovery of illegal narcotics.
   93         4.Recovery of the body of a homicide victim.
   94         5.Recovery of a human trafficking victim or a missing
   95  person connected to criminal activity.
   96         6.Recovery of an illegal firearm or an illegal weapon on a
   97  K-12 school campus.
   98         7.Prevention of a terrorist act.
   99         8.Solving and closing a homicide or other violent felony
  100  offense that remains unsolved for 1 year or more after being
  101  reported to a law enforcement agency and that has no viable and
  102  unexplored investigatory leads.
  103         (f)After the initial distribution of funds to the judicial
  104  circuit in which they were collected as required under paragraph
  105  (b), up to 50 percent of any unencumbered funds returned to the
  106  Crime Stoppers Trust Fund from a previous grant year may be
  107  reallocated for the subsequent grant year to other judicial
  108  circuits to fund special Crime Stoppers initiatives or other
  109  Florida Association of Crime Stoppers member programs, as
  110  cooperatively determined and prioritized by the department and
  111  the Florida Association of Crime Stoppers.
  112         Section 3. This act shall take effect July 1, 2019.