HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 363 Privileged Communications Made to Crime Stoppers Organizations
SPONSOR(S): Criminal Justice & Public Safety Subcommittee, Chambliss and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 1868
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 17 Y, 0 N, As Frost Hall
CS
2) Judiciary Committee 21 Y, 0 N Frost Hall
SUMMARY ANALYSIS
Crime Stoppers organizations are nonprofit entities that partner with law enforcement and the community to
fight crime by receiving anonymous information about alleged criminal activity through a designated hotline or
through electronic means and then forwarding such information to appropriate law enforcement agencies.
These organizations often create incentives to report crimes by providing monetary rewards and by allowing
the person reporting the crime to remain anonymous.
The Florida Evidence Code (Code) specifies what types of evidence and testimony are admissible in court.
Generally, unless the Code, Florida law, or the U.S. Constitution provides an exception, a person in a legal
proceeding may not refuse to be a witness, to disclose any matter, or to produce any object or writing. The
Code designates certain communications as privileged, meaning disclosure of such communications generally
cannot be compelled, even in legal proceedings. Examples of generally privileged communications include
communications between a lawyer and client, communications between a husband and wife, and
communications between a psychotherapist and a patient.
In 2019, the Legislature created a more limited privilege for communication with and information provided to a
crime stoppers organization. Unless the disclosure of such information is made pursuant to criminal discovery,
a person who discloses a privileged communication or protected information originally provided to a crime
stoppers organization, or any information relating to such privileged communication or protected information,
commits a third degree felony.
CS/HB 363 creates the crime of obtaining or attempting to obtain protected information or a privileged
communication provided to a crime stoppers organization. A person who obtains or attempts to obtain such
information commits a third degree felony. Under the bill, a person who illegally discloses, obtains, or attempts
to obtain protected information or a privileged communication provided to a crime stoppers organization must
do so knowingly and willfully to be guilty of an offense. The bill extends criminal immunity from knowingly and
willfully disclosing, obtaining, or attempting to obtain a privileged communication or protected information to
include immunity for a crime stoppers employee, board member, or volunteer acting in the course and scope of
his or her duties or functions.
The bill also protects a crime stoppers employee, board member, or volunteer from civil liability for damages
caused by an act or omission when receiving, forwarding, or acting on protected information or privileged
communication in the course of his or her duties, unless his or her act or omission is intentional or grossly
negligent.
The bill may have an insignificant positive impact on the number of prison beds by creating the new felony
offense of knowingly and willfully obtaining or attempting to obtain crime stoppers protected information or
privileged communication.
The bill provides an effective date of October 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives.
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Crime Stoppers Organizations
Crime Stoppers organizations are nonprofit entities that partner with law enforcement and the
community to fight crime.1 Crime Stoppers organizations receive anonymous information about alleged
criminal activity through a designated hotline or through electronic means and then forward the
information to appropriate law enforcement agencies.2 Crime Stoppers organizations provide incentives
by allowing a person reporting a crime to remain anonymous and providing monetary rewards.3
In Florida, Crime Stoppers refers to members of the Florida Association of Crime Stoppers, Inc.4 In FY
2019-20, more than 55,700 tips were received by the 26 Crime Stoppers organizations which serve 60
of the state’s 67 counties, resulting in 2,159 arrests, including the following:5
An anonymous tip to First Coast Crime Stoppers allowed investigators with the Jacksonville
Sheriff’s Office to identify the suspect of a recent homicide. The anonymous tipster received a
$3,000 cash reward.
In Central Florida an anonymous tip assisted the capture of a fugitive wanted for escaping a
Georgia correctional facility. The tip provided the fugitive’s exact location in Osceola County.
An anonymous tip to Emerald Coast Crime Stoppers led to a narcotics investigation that
resulted in eight arrests, three recovered stolen firearms, and the seizure of more than $25,000
in narcotics including fentanyl, heroin and methamphetamine.6
Privileged Communications in the Florida Evidence Code
The Florida Evidence Code (Code) specifies what types of evidence and testimony are admissible in
court.7 Generally, unless the Code, Florida law, or the U.S. Constitution provides an exception, a
person in a legal proceeding may not refuse to be a witness, to disclose any matter, or to produce any
object or writing.8 The Code designates certain communications as privileged, meaning disclosure of
such communications generally cannot be compelled, even in legal proceedings. Examples of generally
privileged communications include communications between a lawyer and client,9 communications
between a husband and wife,10 and communications between a psychotherapist and a patient.11
Typically, a privileged communication only loses its privileged status if the person who made the
original disclosure of such information waives the privilege, thus permitting the communication to be
subject to general rules of evidence. A person is deemed to have waived the privilege if he or she
voluntarily discloses or makes the communication when he or she does not have a reasonable
expectation of privacy, or consents to the disclosure of any significant part of the communication.12
1 See Florida Association of Crime Stoppers, https://www.facsflorida.org (last visited Mar. 29, 2021).
2 Id.
3 Id.; Such rewards are paid through the Crime Stoppers Trust Fund which is funded in part by a surcharge of $20 on fines for criminal
offenses which must be collected by the clerks of the courts for all county and circuit courts. S. 938.06, F.S.
4 S. 16.555(1)(c), F.S.
5 Office of Attorney General/Department of Legal Affairs, Division of Victim Services and Criminal Justice Programs Annual Report
2019-2020, p. 10–11, http://myfloridalegal.com/webfiles.nsf/WF/RMAS-BWSNYD/$file/FINAL+2019-20+Annual+Report.pdf (last visited
Mar. 29, 2021).
6 Id. at p. 10.
7 Ch. 90, F.S.
8 S. 90.501, F.S.
9 S. 90.502, F.S.
10 S. 90.504, F.S.
11 S. 90.503, F.S.
12 S. 90.507, F.S.
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Privileged Communications or Protected Information
In 2019, the Legislature created a more limited privilege for communication with and information
provided to a crime stoppers organization.13 Unless the disclosure of such information is made
pursuant to criminal discovery, a person who discloses a privileged communication or protected
information originally provided to a crime stoppers organization, or any information relating to such
privileged communication or protected information, commits a third degree felony.14 Under s. 16.557,
F.S., a “privileged communication”15 is the act of providing information to a crime stoppers organization
for the purpose of reporting alleged criminal activity and "protected information"16 is the identity of a
person who engages in privileged communication with a crime stoppers organization and any records,
recordings, oral or written statements, papers, documents, or other tangible items provided to or
collected by a:
Crime stoppers organization;
Law enforcement crime stoppers coordinator or his or her staff; or
Law enforcement agency in connection with such privileged communication.
The criminal penalty for disclosing such communication or information does not apply to:
The person who provides the privileged communication or protected information; or
A law enforcement officer, law enforcement agency employee, or Department of Legal Affairs
employee when he or she is acting within the scope of his or her official duties.17
Anonymous Tips
In general, an anonymous tip, without more, cannot constitute probable cause. Both state and federal
case law establishes that the reliability of a tip alleging illegal activity varies based upon whether the tip
is truly anonymous, like an anonymous tip provided to a crime stoppers organization, or whether the tip
is offered by a “citizen informant” who approaches a law enforcement officer in person to report
suspected criminal activity.18 A tip from a citizen informant is considered more reliable, based on the
following:
A citizen informant may be motivated by the desire to further justice, rather than pecuniary
gain.19
Unlike an anonymous tipster, a person who has an in-person interaction with a law enforcement
officer may be held accountable for making a false statement or may subject himself or herself
to potential retaliation from the alleged criminal.20
When a tip is provided in-person, the law enforcement officer receiving the tip has the
opportunity to observe the tipster’s demeanor and evaluate his or her credibility.21
As such, law enforcement must investigate further to confirm the information provided in an anonymous
tip and find independent information establishing probable cause for an arrest or search warrant.22
13 Ch. 2019-167, Laws of Fla.
14 A third degree felony is punishable by up to five years in state prison and a fine of $5,000. Ss. 775.082 and 775.083, F.S.
15 S. 16.557(1)(b), F.S.
16 S. 16.557(1)(c), F.S.
17 Id.
18 Illinois v. Gates, 462 U.S. 213, 103 S. Ct. 2317, 76 L. Ed. 2d 527 (1983); Sheppard v. State, 521 So.2d 288 (Fla. 1st DCA 1988);
Baptiste v. State, 995 So.2d 285, 290 (Fla. 2008).
19 State v. Maynard, 783 So.2d 226, 228-230 (Fla. 2001).
20 See United States v. Christmas, 222 F.3d 141, 144 (4th Cir. 2000).
21 See United States v. Heard, 367 F.3d 1275, 1279 (11th Cir. 2004).
22 Simms v. State, 51 So.3d, 1264 (Fla. 2d DCA 2011). See also T.L.F. v. State, 536 So.2d 371, 372 (Fla. 2d DCA 1988) (holding
officers could not properly consider bystander's identification of appellant as burglary suspect in determining whether probable cause
existed to arrest him for loitering or prowling). In order for an anonymous tip to provide probable cause for an investigative stop, the tip
must be corroborated by independent police investigation so as to create a reasonable suspicion that a suspect is engaged in criminal
activity. However, in order for a subsequent arrest or search to be valid, there must be independent evidence of criminal activity apart
from the otherwise verified anonymous tip. Cunningham v. State, 591 So.2d 1058, (Fla.2d DCA 1991).
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Effect of Proposed Changes
CS/HB 363 amends s. 16.557, F.S., to create the crime of obtaining or attempting to obtain a privileged
communication or protected information provided to a crime stoppers organization. Under the bill, a
person who illegally discloses, obtains, or attempts to obtain a crime stoppers tip must do so knowingly
and willfully to be guilty of an offense. The bill also extends criminal immunity for such actions to
include a crime stoppers employee, board member, or volunteer acting in the course and scope of his
or her duties or functions.
The bill protects a crime stoppers employee, board member, or volunteer from civil liability for damages
caused by an act or omission when receiving, forwarding, or acting on a crime stoppers tip in the
course of his or her duties, unless his or her act or omission is intentional or grossly negligent.23
The bill may have an insignificant positive impact on the number of prison beds by creating the felony
offense of obtaining or attempting to obtain protected information or a privileged communication
provided to a crime stoppers organization.
The bill provides an effective date of October 1, 2021.
B. SECTION DIRECTORY:
Section 1: Amends s. 16.557, F.S., relating to crime stopper organizations; disclosure of privileged
communications or protected information.
Section 2: Provides an effective date of October 1, 2021.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
The bill may have an insignificant positive impact on the number of prison beds by creating the new
felony offense of obtaining or attempting to obtain protected information or a privileged
communication provided to a crime stoppers organization.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
None.
D. FISCAL COMMENTS:
The bill may protect an employee, a board member, or a volunteer of a crime stoppers organization
from civil liability for damages resulting from an act or omission during the performance of his or her
duties or functions, unless such act or omission was intentional or grossly negligent.
23“Gross negligence” means that a person’s conduct was so reckless or wanting in care that the conduct constituted a conscious
disregard or indifference to the life, safety, or rights of persons exposed to such conduct. S. 400.0237, F.S.
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III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not applicable. The bill does not appear to impact county or municipal governments.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
Not applicable.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES
On March 22, 2021, the Criminal Justice and Public Safety Subcommittee adopted one amendment
and reported the bill favorably as a committee substitute. The amendment:
Clarified that a person who illegally discloses, obtains, or attempts to obtain a crime stoppers tip
must do so knowingly and willfully to be guilty of an offense.
Removed the portion of the bill:
o Prohibiting a crime stoppers tip from being used to determine probable cause.
o Prohibiting a crime stoppers tip from being admissible or subject to discovery in any
court proceeding.
o Indicating that an anonymous tip may only be used to assist with a law enforcement
agency’s investigation of a crime.
Required a person’s act or omission to be intentional or grossly negligent for him or her to be
liable for civil damages.
Made other technical changes to clarify the language of current law.
This analysis is drafted to the committee substitute as passed by the Criminal Justice and Public Safety
Subcommittee.
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Statutes affected: H 363 Filed: 16.557
H 363 c1: 16.557
H 363 er: 16.557