Florida Senate - 2019          (Corrected Copy)    CS for SB 844
       
       
        
       By the Committee on Infrastructure and Security; and Senator
       Berman
       
       
       
       
       596-02974-19                                           2019844c1
    1                        A bill to be entitled                      
    2         An act relating to the At-Risk Adult Alert Plan;
    3         amending s. 937.0201, F.S.; redefining the term
    4         “missing endangered person” to include a missing adult
    5         who meets the criteria for activation of the At-Risk
    6         Adult Alert Plan of the Department of Law Enforcement;
    7         creating s. 937.0205, F.S.; providing legislative
    8         findings and intent; requiring the Department of Law
    9         Enforcement, in cooperation with the Department of
   10         Transportation, the Department of Highway Safety and
   11         Motor Vehicles, the Department of the Lottery, and
   12         local law enforcement agencies, to establish and
   13         implement the At-Risk Adult Alert Plan; providing plan
   14         requirements; authorizing local law enforcement
   15         agencies to broadcast to subscribers of notifications,
   16         to the media, and on lottery terminals about certain
   17         missing adults; specifying which local law enforcement
   18         agency may broadcast such information; authorizing the
   19         local law enforcement agency to request that a case be
   20         opened with the Department of Law Enforcement’s
   21         Missing Endangered Persons Information Clearinghouse;
   22         requiring the clearinghouse to coordinate with the
   23         Department of Transportation and the Department of
   24         Highway Safety and Motor Vehicles for the activation
   25         of dynamic message signs on state highways and the
   26         immediate broadcast of certain critical information
   27         under certain circumstances; specifying that an agency
   28         responsible for posting an At-Risk Adult Alert on
   29         dynamic message signs does not violate the act if
   30         other emergency information must be posted instead;
   31         requiring the At-Risk Adult Alert Plan to include
   32         certain procedures; specifying additional requirements
   33         for the plan; authorizing the Department of Law
   34         Enforcement to adopt rules; amending s. 937.021, F.S.;
   35         providing that the Department of Law Enforcement, as
   36         the At-Risk Adult Alert coordinator, and certain
   37         agencies, employees, individuals, and entities are
   38         immune from civil liability for damages for performing
   39         certain actions in good faith; providing that the
   40         presumption of good faith is not overcome under
   41         certain circumstances; providing construction;
   42         amending s. 937.022, F.S.; authorizing only the law
   43         enforcement agency having jurisdiction over a case to
   44         make a request to the clearinghouse for the activation
   45         of a state At-Risk Adult Alert involving a missing
   46         adult under certain circumstances; amending s.
   47         429.918, F.S.; conforming provisions to changes made
   48         by the act; providing an effective date.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Subsection (4) of section 937.0201, Florida
   53  Statutes, is amended to read:
   54         937.0201 Definitions.—As used in this chapter, the term:
   55         (4) “Missing endangered person” means any of the following:
   56         (a) A missing child.;
   57         (b) A missing adult younger than 26 years of age.;
   58         (c) A missing adult 26 years of age or older who is
   59  suspected by a law enforcement agency of being endangered or the
   60  victim of criminal activity.; or
   61         (d) A missing adult who meets the criteria for activation
   62  of the Silver Alert Plan of the Department of Law Enforcement.
   63         (e)A missing adult who meets the criteria for activation
   64  of the At-Risk Adult Alert Plan of the Department of Law
   65  Enforcement pursuant to s. 937.0205.
   66         Section 2. Section 937.0205, Florida Statutes, is created
   67  to read:
   68         937.0205At-Risk Adult Alert Plan.—
   69         (1)The Legislature finds that a standardized state system
   70  is necessary to aid in the search for a missing adult who has an
   71  irreversible cognitive disorder or syndrome or brain injury,
   72  whose disappearance poses a credible threat to the person’s
   73  welfare and safety, and who does not meet the criteria for
   74  activation of the Silver Alert Plan of the Department of Law
   75  Enforcement. The Legislature also finds that a coordinated local
   76  law enforcement and state agency response with prompt and
   77  widespread sharing of information will improve the chances of
   78  the person being found. Therefore, the Legislature intends to
   79  establish the At-Risk Adult Alert Plan pursuant to this section.
   80         (2)It is the intent of the Legislature that the At-Risk
   81  Adult Alert Plan be established and implemented in a manner that
   82  seeks to safeguard the privacy rights and related health and
   83  diagnostic information of the missing adult to the greatest
   84  extent practicable.
   85         (3)The Department of Law Enforcement, in cooperation with
   86  the Department of Transportation, the Department of Highway
   87  Safety and Motor Vehicles, the Department of the Lottery, and
   88  local law enforcement agencies, shall establish and implement
   89  the At-Risk Adult Alert Plan. At a minimum, the At-Risk Adult
   90  Alert Plan must:
   91         (a)Provide for the protection of the privacy, dignity,
   92  independence, and autonomy of the missing adult by including
   93  standards that aim to safeguard these civil liberties through
   94  preventing the inadvertent or unnecessary broadcasting or
   95  dissemination of sensitive health and diagnostic information in
   96  unwarranted circumstances; and
   97         (b)Provide that the broadcasting and dissemination of
   98  alerts and related information be limited to the geographic
   99  areas where the missing adult could reasonably be, considering
  100  the person’s circumstances and physical and mental condition,
  101  the modes of transportation available to the person, and the
  102  circumstances of the person’s disappearance.
  103         (4)(a)Under the At-Risk Adult Alert Plan, a local law
  104  enforcement agency may broadcast to persons who subscribe for
  105  notifications and to the media about a missing adult:
  106         1.Who has an irreversible cognitive disorder or syndrome
  107  or brain injury, including, but not limited to, a developmental
  108  disability or an intellectual disability, as those terms are
  109  defined in s. 393.063;
  110         2.Whose disappearance poses a credible threat to the
  111  person’s welfare and safety; and
  112         3.Who does not meet the criteria for activation of the
  113  Silver Alert Plan of the Department of Law Enforcement.
  114         (b)The local law enforcement agency broadcasting such
  115  information must be the agency that is best able to notify the
  116  media and the subscribers for such notifications in the
  117  jurisdiction where the missing adult is believed to be. Such
  118  local law enforcement agency may also request that the
  119  notification be broadcast on lottery terminals within the
  120  geographic regions where the missing adult may reasonably be,
  121  including, but not limited to, the lottery terminals in gas
  122  stations, convenience stores, and supermarkets in such regions.
  123         (c)Under the plan, the local law enforcement agency may
  124  also request that a case be opened with the Department of Law
  125  Enforcement’s Missing Endangered Persons Information
  126  Clearinghouse. To enhance the local or regional efforts, in
  127  cases in which a vehicle is involved, the clearinghouse must
  128  coordinate with the Department of Transportation and the
  129  Department of Highway Safety and Motor Vehicles for the
  130  activation of dynamic message signs on state highways and the
  131  immediate broadcast of critical information to the public about
  132  the missing adult in accordance with the plan.
  133         (d)If a traffic emergency arises requiring that
  134  information pertaining to the traffic emergency be displayed on
  135  a dynamic message sign on a state highway in lieu of an At-Risk
  136  Adult Alert, the agency responsible for posting the At-Risk
  137  Adult Alert on the dynamic message sign does not violate this
  138  section.
  139         (5)The At-Risk Adult Alert Plan must include procedures to
  140  monitor the use and activation of this system and the results
  141  from its use. The plan must also include a strategy for
  142  informing and educating law enforcement, the media, and other
  143  stakeholders about the plan.
  144         (6)The Department of Law Enforcement may adopt rules to
  145  implement and administer this section.
  146         Section 3. Paragraphs (c), (d), and (e) of subsection (5)
  147  of section 937.021, Florida Statutes, are amended to read:
  148         937.021 Missing child and missing adult reports.—
  149         (5)
  150         (c) Upon receiving a request to record, report, transmit,
  151  display, or release Silver Alert or At-Risk Adult Alert
  152  information from the law enforcement agency having jurisdiction
  153  over the missing adult, the Department of Law Enforcement as the
  154  state Silver Alert and the At-Risk Adult Alert coordinator, any
  155  state or local law enforcement agency, and the personnel of
  156  these agencies; any radio or television network, broadcaster, or
  157  other media representative; any dealer of communications
  158  services as defined in s. 202.11; or any agency, employee,
  159  individual, or entity is immune from civil liability for damages
  160  for complying in good faith with the request and is presumed to
  161  have acted in good faith in recording, reporting, transmitting,
  162  displaying, or releasing Silver Alert or At-Risk Adult Alert
  163  information pertaining to the missing adult.
  164         (d) The presumption of good faith is not overcome if a
  165  technical or clerical error is made by any agency, employee,
  166  individual, or entity acting at the request of the local law
  167  enforcement agency having jurisdiction, or if the Amber Alert,
  168  Missing Child Alert, missing child information, missing adult
  169  information, or Silver Alert, or At-Risk Adult Alert information
  170  is incomplete or incorrect because the information received from
  171  the local law enforcement agency was incomplete or incorrect.
  172         (e) Neither this subsection nor any other provision of law
  173  creates a duty of the agency, employee, individual, or entity to
  174  record, report, transmit, display, or release the Amber Alert,
  175  Missing Child Alert, missing child information, missing adult
  176  information, or Silver Alert, or At-Risk Adult Alert information
  177  received from the local law enforcement agency having
  178  jurisdiction. The decision to record, report, transmit, display,
  179  or release information is discretionary with the agency,
  180  employee, individual, or entity receiving the information.
  181         Section 4. Paragraph (b) of subsection (3) of section
  182  937.022, Florida Statutes, is amended to read:
  183         937.022 Missing Endangered Persons Information
  184  Clearinghouse.—
  185         (3) The clearinghouse shall:
  186         (b) Provide a centralized file for the exchange of
  187  information on missing endangered persons.
  188         1. Every state, county, or municipal law enforcement agency
  189  shall submit to the clearinghouse information concerning missing
  190  endangered persons.
  191         2. Any person having knowledge may submit a missing
  192  endangered person report to the clearinghouse concerning a child
  193  or adult younger than 26 years of age whose whereabouts is
  194  unknown, regardless of the circumstances, subsequent to
  195  reporting such child or adult missing to the appropriate law
  196  enforcement agency within the county in which the child or adult
  197  became missing, and subsequent to entry by the law enforcement
  198  agency of the child or person into the Florida Crime Information
  199  Center and the National Crime Information Center databases. The
  200  missing endangered person report shall be included in the
  201  clearinghouse database.
  202         3. Only the law enforcement agency having jurisdiction over
  203  the case may submit a missing endangered person report to the
  204  clearinghouse involving a missing adult age 26 years or older
  205  who is suspected by a law enforcement agency of being endangered
  206  or the victim of criminal activity.
  207         4. Only the law enforcement agency having jurisdiction over
  208  the case may make a request to the clearinghouse for the
  209  activation of a state Silver Alert or an At-Risk Adult Alert
  210  involving a missing adult if circumstances regarding the
  211  disappearance have met the criteria for activation of the Silver
  212  Alert or the At-Risk Adult Alert Plan.
  213         Section 5. Paragraph (d) of subsection (6) and subsection
  214  (9) of section 429.918, Florida Statutes, are amended to read:
  215         429.918 Licensure designation as a specialized Alzheimer’s
  216  services adult day care center.—
  217         (6)
  218         (d) Each employee hired on or after July 1, 2012, who
  219  provides direct care to ADRD participants, must receive and
  220  review an orientation plan that includes, at a minimum:
  221         1. Procedures to locate an ADRD participant who has
  222  wandered from the center. These procedures shall be reviewed
  223  regularly with all direct care staff.
  224         2. Information on the Silver Alert program and the At-Risk
  225  Adult Alert Plan in this state.
  226         3. Information regarding available products or programs
  227  used to identify ADRD participants or prevent them from
  228  wandering away from the center, their home, or other locations.
  229         (9) An adult day care center having a license designated
  230  under this section must give to each person who enrolls as an
  231  ADRD participant in the center, or the caregiver, a copy of the
  232  ADRD participant’s plan of care, as well as information
  233  regarding resources to assist in ensuring the safety and
  234  security of the ADRD participant, which must include, but need
  235  not be limited to, information pertaining to driving for those
  236  persons affected by dementia, available technology on wandering
  237  prevention devices and identification devices, the Silver Alert
  238  program and the At-Risk Adult Alert Plan in this state, and
  239  dementia-specific safety interventions and strategies that can
  240  be used in the home setting.
  241         Section 6. This act shall take effect July 1, 2020.