Florida Senate - 2017                                    SB 1212
       
       
        
       By Senator Simmons
       
       
       
       
       
       9-01407B-17                                           20171212__
    1                        A bill to be entitled                      
    2         An act relating to emergency alerts; creating s.
    3         316.02703, F.S.; defining the terms “serious bodily
    4         injury” and “Yellow Alert”; authorizing a law
    5         enforcement agency to request the Florida Highway
    6         Patrol to activate a Yellow Alert if a hit-and-run
    7         incident is reported to the agency and the agency
    8         determines that specified requirements are satisfied;
    9         authorizing the Florida Highway Patrol, if it concurs
   10         that the specified requirements are satisfied, to
   11         activate a Yellow Alert within the geographic area
   12         requested by the agency; providing that radio,
   13         television, and cable and satellite systems are
   14         encouraged to cooperate in disseminating the
   15         information contained in a Yellow Alert; requiring the
   16         Florida Highway Patrol, upon activation of the alert,
   17         to assist the investigating law enforcement agency by
   18         issuing the alert, in cooperation with the Department
   19         of Highway Safety and Motor Vehicles and the
   20         Department of Transportation, using certain dynamic
   21         message signs; authorizing the Florida Highway Patrol
   22         to prioritize the activation of alerts if multiple
   23         Yellow Alerts are requested, subject to certain
   24         requirements; specifying the conditions that an agency
   25         must determine to have been satisfied in order for the
   26         agency to be allowed to request that a Yellow Alert be
   27         activated; creating s. 784.072, F.S.; defining terms;
   28         authorizing a local law enforcement agency to activate
   29         the Emergency Alert System and issue a Lockdown Alert
   30         to public and private schools and child care
   31         facilities under certain circumstances; specifying
   32         certain conditions under which Lockdown Alerts may be
   33         issued; requiring local law enforcement agencies to
   34         create and maintain a list of all public schools,
   35         private schools, and child care facilities within
   36         their jurisdictions, which must be included in the
   37         Lockdown Alert system; authorizing public or private
   38         schools or child care facilities to contact their
   39         local law enforcement agencies to verify that they are
   40         included on the list or to register for inclusion on
   41         the list; requiring a local law enforcement agency to
   42         take a private school or child care facility off the
   43         list if the school or facility requests that it be
   44         taken off the list; requiring the Department of Law
   45         Enforcement, in cooperation with the Department of
   46         Highway Safety and Motor Vehicles and the Department
   47         of Transportation, to activate the Emergency Alert
   48         System and issue an Imminent Threat Alert to the
   49         public at the request of a local law enforcement
   50         agency under certain circumstances; specifying
   51         information that must be provided in Imminent Threat
   52         Alerts, if available; requiring Imminent Threat Alerts
   53         to be disseminated to the public through the Emergency
   54         Alert System and through the use of certain dynamic
   55         message signs; providing that the agency responsible
   56         for posting the Imminent Threat Alert on the dynamic
   57         message sign does not violate this section if certain
   58         traffic emergency information is displayed on the sign
   59         in lieu of the alert; providing an effective date.
   60          
   61  Be It Enacted by the Legislature of the State of Florida:
   62  
   63         Section 1. Section 316.02703, Florida Statutes, is created
   64  to read:
   65         316.02703 Hit-and-run incidents; Yellow Alert.—
   66         (1) As used in this section, the term:
   67         (a) “Serious bodily injury” means an injury that involves,
   68  either at the time of the actual injury or at a later time, a
   69  substantial risk of serious and permanent disfigurement, a
   70  substantial risk of protracted loss or impairment of the
   71  function of any part of the body, or a break, fracture, or burn
   72  of the second or third degree.
   73         (b) “Yellow Alert” means a notification system activated
   74  pursuant to subsection (2) which is designed to issue and
   75  coordinate alerts with respect to a hit-and-run incident
   76  resulting in the death or injury of a person.
   77         (2)(a) If a hit-and-run incident is reported to a law
   78  enforcement agency and that agency determines that the
   79  requirements of subsection (3) are satisfied, the agency may
   80  request the Florida Highway Patrol to activate a Yellow Alert.
   81  If the Florida Highway Patrol concurs that the requirements of
   82  subsection (3) are satisfied, it may activate a Yellow Alert
   83  within the geographic area requested by the investigating law
   84  enforcement agency.
   85         (b) Radio, television, and cable and satellite systems are
   86  encouraged, but are not required, to cooperate in disseminating
   87  the information contained in a Yellow Alert.
   88         (c) Upon activation of a Yellow Alert, the Florida Highway
   89  Patrol shall assist the investigating law enforcement agency by
   90  issuing the Yellow Alert, in cooperation with the Department of
   91  Highway Safety and Motor Vehicles and the Department of
   92  Transportation, through the use of the dynamic message signs
   93  that are located along the state’s highways.
   94         (d) If there are multiple Yellow Alerts requested, the
   95  Florida Highway Patrol may prioritize the activation of alerts
   96  based on factors that include, but not are not limited to, the
   97  severity of the injury, the time elapsed between a hit-and-run
   98  incident and the request, or the likelihood that an activation
   99  would reasonably lead to the apprehension of a suspect.
  100         (3) A law enforcement agency may request that a Yellow
  101  Alert be activated if that agency determines that all of the
  102  following conditions are satisfied with regard to the
  103  investigation of the hit-and-run incident:
  104         (a) A person has been killed or has suffered serious bodily
  105  injury due to a hit-and-run incident.
  106         (b) There is an indication that a suspect has fled the
  107  scene using the state highway system or is likely to be observed
  108  by the public on the state highway system.
  109         (c) The investigating law enforcement agency has additional
  110  information concerning the suspect or the suspect’s vehicle,
  111  including, but not limited to, any of the following:
  112         1. The complete license plate number of the suspect’s
  113  vehicle.
  114         2. A partial license plate number and additional unique
  115  identifying characteristics, such as the make, model, and color
  116  of the suspect’s vehicle, which could reasonably lead to the
  117  apprehension of the suspect.
  118         3. The identity of the suspect.
  119         (d) Public dissemination of available information could
  120  either help avert further harm or hasten apprehension of the
  121  suspect based on factors that include, but are not limited to,
  122  the severity of the injury, the time elapsed between a hit-and
  123  run incident and the request, or the likelihood that an
  124  activation would reasonably lead to the apprehension of a
  125  suspect.
  126         Section 2. Section 784.072, Florida Statutes, is created to
  127  read:
  128         784.072 Notification of imminent threat to schools and
  129  child care facilities or the public; Lockdown Alert; Imminent
  130  Threat Alert.—
  131         (1) As used in this section, the term:
  132         (a) “Child care facility” has the same meaning as in s.
  133  402.302.
  134         (b) “Imminent Threat Alert” means a notification issued
  135  pursuant to subsection (3) which informs the public that an
  136  imminent threat exists such that the lives and safety of
  137  citizens are endangered, including, but not limited to,
  138  instances in which a person suspected of killing or causing
  139  serious bodily injury to another person or assaulting another
  140  person with a deadly weapon has fled the scene of the offense.
  141         (c) “Lockdown Alert” means a notification issued pursuant
  142  to subsection (2) which informs public schools, private schools,
  143  and child care facilities that an imminent threat exists,
  144  including, but not limited to, instances in which a person
  145  suspected of killing or causing serious bodily injury to another
  146  person or assaulting another person with a deadly weapon has
  147  fled the scene of the offense. The alert advises the schools and
  148  facilities to lock their doors and encourages persons in those
  149  schools and facilities to remain in lockdown and be vigilant in
  150  watching for and reporting any suspicious activity.
  151         (d) “Private school” has the same meaning as in s. 1002.01.
  152         (2)(a) A local law enforcement agency that has jurisdiction
  153  over the scene of an incident giving rise to an imminent threat
  154  to members of the public may activate the Emergency Alert System
  155  and issue a Lockdown Alert to all public and private schools and
  156  child care facilities that it determines are at risk, given
  157  their proximity to the incident, including an incident in which
  158  the following conditions are satisfied:
  159         1. A person has been killed or has suffered serious bodily
  160  injury or a person has been assaulted with a deadly weapon by
  161  another person.
  162         2. The person suspected of committing the offense has fled
  163  the scene.
  164         3. The law enforcement agency investigating the offense has
  165  determined that the suspect poses an imminent threat to the
  166  public safety.
  167         (b) For purposes of complying with this subsection, each
  168  local law enforcement agency shall create and maintain a list of
  169  all public schools, private schools, and child care facilities
  170  within its jurisdiction.
  171         (c) A public or private school or child care facility may
  172  contact local law enforcement agencies to verify that it is
  173  included on the list of those that will receive a Lockdown Alert
  174  or to register to be included on the list. A local law
  175  enforcement agency must take a private school or child care
  176  facility off the list if the school or facility requests that it
  177  be taken off the list.
  178         (3) At the request of a local law enforcement agency, the
  179  Department of Law Enforcement, in cooperation with the
  180  Department of Highway Safety and Motor Vehicles and the
  181  Department of Transportation, shall activate the Emergency Alert
  182  System and issue an Imminent Threat Alert to the public when the
  183  local law enforcement agency confirms that an imminent threat to
  184  the public exists, including, but not limited to, circumstances
  185  in which the following conditions have been satisfied:
  186         (a) A person has been killed or has suffered serious bodily
  187  injury or a person has been assaulted with a deadly weapon by
  188  another person.
  189         (b) The person suspected of committing the offense has fled
  190  the scene.
  191         (c) The agency has determined that the suspect poses an
  192  imminent threat to the public safety.
  193         (4)An Imminent Threat Alert must, to the extent
  194  practicable, provide a detailed description of a suspect’s
  195  vehicle or other means of escape, the license plate number of
  196  the suspect’s vehicle, or any other available information that
  197  may assist in averting further harm or in the apprehending of a
  198  suspect.
  199         (5)(a) An Imminent Threat Alert must be immediately
  200  disseminated to the public through the Emergency Alert System
  201  and through the use of the dynamic message signs that are
  202  located along the State Highway System.
  203         (b) If a traffic emergency arises requiring that
  204  information pertaining to the traffic emergency be displayed on
  205  a dynamic message sign on a state highway in lieu of an Imminent
  206  Threat Alert, the agency responsible for posting the Imminent
  207  Threat Alert on the dynamic message sign does not violate this
  208  section.
  209         Section 3. This act shall take effect October 1, 2017.