The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 1712
INTRODUCER: Senator Collins
SUBJECT: Peer Support for First Responders
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Limones-Borja McVaney GO Pre-meeting
2. CJ
3. RC
I. Summary:
SB 1712 expands the limitation on the disclosure of “peer support communications” to include
communications between a correctional officer or correctional probation officer and a first
responder peer. This expands the protection for peer support communications to correctional
officers and correctional probation officers.
The bill is not expected to have a fiscal impact on state or local governments.
The bill takes effect July 1, 2024.
II. Present Situation:
First Responders
Under s. 112.1815, F.S., the term “first responder” means a law enforcement officer
1
as defined
in s. 943.10, a firefighter
2
as defined in s. 633.102, or an emergency medical technician
3
or
1
Section 943.10(1), F.S., defines “law enforcement officer” as any person who is elected, appointed, or employed full time
by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make
arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal,
traffic, or highway laws of the state. The term includes all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and management responsibilities of full-time law
enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support
personnel employed by the employing agency.
2
Section 633.102(9), F.S., defines “firefighter” as an individual who holds a current and valid Firefighter Certificate of
Compliance or Special Certificate of Compliance issued by the division under s. 633.408.
3
Section 401.23(12), F.S., defines “emergency medical technician” as a person who is certified by the department to perform
basic life support pursuant to this part.
REVISED: BILL: SB 1712 Page 2
paramedic
4
as defined in s. 401.23 employed by state or local government. A volunteer law
enforcement officer, firefighter, or emergency medical technician or paramedic engaged by the
state or a local government is also considered a first responder of the state or local government
for purposes of this section.
Peer Support for First Responders
Under s. 111.09, F.S., the term “peer support” means the provision of physical, moral, or
emotional support to a first responder by a first responder peer for the purpose of addressing
physical or emotional conditions or other issues associated with being a first responder. Under
s. 111.09, F.S., the term “first responder peer” means a person who:
Is not a health care practitioner as defined in s. 456.001, F.S.
Has experience working as or with a first responder regarding any physical or emotional
conditions or issues associated with the first responder’s employment.
Has been designated by the first responder’s employing agency to provide peer support as
provided in this section and has received training for this purpose.
Peer support programs can assist individuals facing post-traumatic stress disorder, sleep
deprivation, suicide ideations, substance abuse, and depression. Statistics show nearly 30% of
first responders will develop a behavioral health condition, including but not limited to
depression and PTSD, during the course of their career.
5
The Orlando Firefighters Peer Support
Team provides support and wellness to fellow firefighters and their families though the process
listening, providing referrals, and support. None of the members are professional counselors, but
they receive extensive training to guide and support individuals through various situations.
6
Peer Support Communications
Under s. 111.09, F.S., the term “peer support communication” means electronic, oral, or written
communication, made with a mutual expectation of confidentiality while a first responder peer is
providing peer support in his or her official capacity. First responder peers are prohibited from
divulging information from, or testifying about, a peer support communication in a civil,
criminal, administrative, or disciplinary proceeding, unless:
The first responder peer is a defendant in a civil, criminal, administrative, or disciplinary
proceeding arising from a complaint filed by the first responder who was a party to the peer
support communication, in which case such information may be divulged but is limited to the
scope of the proceeding;
7
The first responder who was a party to the peer support communication agrees, in writing, to
allow the first responder peer to testify about or divulge information related to the peer
support communications;
8
4
Section 401.23(18), F.S., defines “paramedic” as a person who is certified by the department to perform basic and advanced
life support pursuant to this part.
5
Substance Abuse and Mental Health Services Administration, First Responders: Behavioral Health Concerns, Emergency
Response, and Trauma (May 2018), https://www.samhsa.gov/sites/default/files/dtac/supplementalresearchbulletin-
firstresponders-may2018.pdf (last visited Jan. 23, 2024).
6
Orlando Professional Firefighters Local 1365, Our Team, https://www.orlandolocal1365.org/peer-support-3/#tab-id-6 (last
visited Jan. 23, 2024).
7
Section 111.09(2)(a), F.S.
8
Section 111.09(2)(b), F.S. BILL: SB 1712 Page 3
Based on the peer support communications, the first responder peer suspects that the first
responder who was a party to the peer support communications has committed a criminal act
or intends to commit a criminal act; or
9
There are articulable facts or circumstances that would lead a reasonable, prudent person to
fear for the safety of the first responder who was a party to the peer support communication,
another person, or society, and the first responder peer communicates the information only to
a potential victim and law enforcement or other appropriate authorities.
10
Section 111.09, F.S., does not prevent the disclosure, discovery, or admissibility of information,
testimony, or evidence that is obtained by a first responder peer from a source other than a first
responder through a peer support communication.
III. Effect of Proposed Changes:
Section 1 amends s. 111.09, F.S., relating to peer support communication, to expand the
definition of “first responder” to include correctional officers and correctional probation officers
as defined in s. 943.10, F.S. This expansion affords correctional officers and correctional
probation officers the same protection for peer support communications, especially regarding the
confidentiality of the communication between a first responder peer and fellow first responder.
Section 2 provides that the bill will take effect on July 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The mandate restrictions do not apply because the bill does not require
counties and municipalities to spend funds, reduce counties’ or municipalities’ ability to
raise revenue, or reduce the percentage of state tax shared with counties and
municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
9
Section 111.09(2)(c), F.S.
10
Section 111.09(2)(d), F.S. BILL: SB 1712 Page 4
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
The bill is not expected to impact state or local government revenues and expenditures.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends section 111.09 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.