Florida Senate - 2020                                    SB 1198
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00038D-20                                          20201198__
    1                        A bill to be entitled                      
    2         An act relating to the Purple Alert; amending s.
    3         937.0201, F.S.; redefining the term “missing
    4         endangered person”; creating s. 937.0205, F.S.;
    5         providing legislative findings and intent; requiring
    6         the Department of Law Enforcement, in cooperation with
    7         the Department of Transportation, the Department of
    8         Highway Safety and Motor Vehicles, the Department of
    9         the Lottery, and local law enforcement agencies, to
   10         establish and implement the Purple Alert; specifying
   11         minimum requirements for the Purple Alert; authorizing
   12         local law enforcement agencies to broadcast
   13         information concerning certain missing adults;
   14         requiring the local law enforcement agency of
   15         jurisdiction to notify certain media and alert
   16         subscribers if a Purple Alert is determined to be
   17         necessary and appropriate; authorizing the local law
   18         enforcement agency of jurisdiction which broadcasts
   19         the notification to request that a case be opened with
   20         the Department of Law Enforcement’s Missing Endangered
   21         Persons Information Clearinghouse; requiring the
   22         clearinghouse to coordinate with the Department of
   23         Transportation and the Department of Highway Safety
   24         and Motor Vehicles in the activation of dynamic
   25         message signs on state highways and the immediate
   26         distribution of certain critical information under
   27         certain circumstances; requiring the Purple Alert to
   28         include certain procedures and an information and
   29         education strategy; authorizing the Department of Law
   30         Enforcement to adopt rules; amending s. 937.021, F.S.;
   31         providing that the Department of Law Enforcement, as
   32         the Purple Alert coordinator, and certain agencies,
   33         employees, individuals, and entities are immune from
   34         civil liability for damages when performing certain
   35         actions in good faith; providing that the presumption
   36         of good faith is not overcome under certain
   37         circumstances; providing construction; amending s.
   38         937.022, F.S.; authorizing only the law enforcement
   39         agency having jurisdiction over a case to make a
   40         request to the clearinghouse for the activation of a
   41         Purple Alert involving a missing adult under certain
   42         circumstances; amending s. 429.918, F.S.; conforming
   43         provisions to changes made by the act; providing an
   44         appropriation; providing effective dates.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Subsection (4) of section 937.0201, Florida
   49  Statutes, is amended to read:
   50         937.0201 Definitions.—As used in this chapter, the term:
   51         (4) “Missing endangered person” means any of the following:
   52         (a) A missing child.;
   53         (b) A missing adult younger than 26 years of age.;
   54         (c) A missing adult 26 years of age or older who is
   55  suspected by a law enforcement agency of being endangered or the
   56  victim of criminal activity.; or
   57         (d) A missing adult who meets the criteria for activation
   58  of the Silver Alert Plan of the Department of Law Enforcement.
   59         (e)A missing adult who meets the criteria for activation
   60  of the Purple Alert of the Department of Law Enforcement
   61  pursuant to s. 937.0205.
   62         Section 2. Section 937.0205, Florida Statutes, is created
   63  to read:
   64         937.0205Purple Alert.—
   65         (1)The Legislature finds that a standardized state system
   66  is necessary to aid in the search for a missing adult identified
   67  in paragraph (4)(a). The Legislature also finds that a
   68  coordinated local law enforcement and state agency response with
   69  prompt and widespread sharing of information will improve the
   70  chances of finding the person.
   71         (2)It is the intent of the Legislature to establish the
   72  Purple Alert, to be implemented in a manner that, to the extent
   73  practicable, safeguards the privacy rights and related health
   74  and diagnostic information of such missing adults.
   75         (3)The Department of Law Enforcement, in cooperation with
   76  the Department of Transportation, the Department of Highway
   77  Safety and Motor Vehicles, the Department of the Lottery, and
   78  local law enforcement agencies, shall establish and implement
   79  the Purple Alert. At a minimum, the Purple Alert must:
   80         (a)Be the only viable means by which the missing adult is
   81  likely to be returned to safety;
   82         (b)Provide, to the greatest extent possible, for the
   83  protection of the privacy, dignity, and independence of such
   84  missing adults by including standards aimed at safeguarding
   85  these civil liberties by preventing the inadvertent or
   86  unnecessary broadcasting or dissemination of sensitive health
   87  and diagnostic information;
   88         (c)Provide that the broadcasting and dissemination of
   89  alerts and related information be limited to the geographic
   90  areas where such missing adult could reasonably be, considering
   91  his or her circumstances and physical and mental condition, the
   92  potential modes of transportation available to him or her or
   93  suspected to be involved, and the known or suspected
   94  circumstances of his or her disappearance; and
   95         (d)Be activated only when there is sufficient descriptive
   96  information about the missing adult and the circumstances
   97  surrounding the missing adult’s disappearance to indicate that
   98  activating the alert is likely to help locate the missing adult.
   99         (4)(a)Under a Purple Alert, a local law enforcement agency
  100  may broadcast to the media and to persons who subscribe to
  101  receive alert notifications under this section information
  102  concerning a missing adult:
  103         1.Who has a mental or cognitive disability; an
  104  intellectual disability or a developmental disability, as those
  105  terms are defined in s. 393.063; a brain injury; another
  106  physical, mental, or emotional disability that is not related to
  107  substance abuse; or a combination of any of these;
  108         2.Whose disappearance indicates a credible threat of
  109  immediate danger or serious bodily harm to himself or herself,
  110  as determined by the local law enforcement agency;
  111         3.Who cannot be returned to safety without law enforcement
  112  intervention; and
  113         4.Who does not meet the criteria for activation of a local
  114  Silver Alert or the Silver Alert Plan of the Department of Law
  115  Enforcement.
  116         (b)If a Purple Alert is determined to be necessary and
  117  appropriate, the local law enforcement agency of jurisdiction
  118  shall notify the media and subscribers in the jurisdiction or
  119  jurisdictions where the missing adult is believed to or may be
  120  located. The local law enforcement agency of jurisdiction may
  121  also request that the Purple Alert notification be broadcast on
  122  lottery terminals within the geographic regions where the
  123  missing adult may reasonably be, including, but not limited to,
  124  lottery terminals in gas stations, convenience stores, and
  125  supermarkets.
  126         (c)Under the Purple Alert, the local law enforcement
  127  agency of jurisdiction may also request that a case be opened
  128  with the Department of Law Enforcement’s Missing Endangered
  129  Persons Information Clearinghouse. To enhance local or regional
  130  efforts when the investigation indicates that an identifiable
  131  vehicle is involved, the clearinghouse must coordinate with the
  132  Department of Transportation and the Department of Highway
  133  Safety and Motor Vehicles for the activation of dynamic message
  134  signs on state highways and the immediate distribution of
  135  critical information to the public regarding the missing adult
  136  in accordance with the alert.
  137         (5)The Purple Alert process must include procedures to
  138  monitor the use, activation, and results of alerts and a
  139  strategy for informing and educating law enforcement, the media,
  140  and other stakeholders concerning the alert.
  141         (6)The Department of Law Enforcement may adopt rules to
  142  implement and administer this section.
  143         Section 3. Paragraphs (c), (d), and (e) of subsection (5)
  144  of section 937.021, Florida Statutes, are amended to read:
  145         937.021 Missing child and missing adult reports.—
  146         (5)
  147         (c) Upon receiving a request to record, report, transmit,
  148  display, or release Silver Alert or Purple Alert information
  149  from the law enforcement agency having jurisdiction over the
  150  missing adult, the Department of Law Enforcement as the state
  151  Silver Alert and Purple Alert coordinator, any state or local
  152  law enforcement agency, and the personnel of these agencies; any
  153  radio or television network, broadcaster, or other media
  154  representative; any dealer of communications services as defined
  155  in s. 202.11; or any agency, employee, individual, or entity is
  156  immune from civil liability for damages for complying in good
  157  faith with the request and is presumed to have acted in good
  158  faith in recording, reporting, transmitting, displaying, or
  159  releasing Silver Alert or Purple Alert information pertaining to
  160  the missing adult.
  161         (d) The presumption of good faith is not overcome if a
  162  technical or clerical error is made by any agency, employee,
  163  individual, or entity acting at the request of the local law
  164  enforcement agency having jurisdiction, or if the Amber Alert,
  165  Missing Child Alert, missing child information, missing adult
  166  information, or Silver Alert or Purple Alert information is
  167  incomplete or incorrect because the information received from
  168  the local law enforcement agency was incomplete or incorrect.
  169         (e) Neither this subsection nor any other provision of law
  170  creates a duty of the agency, employee, individual, or entity to
  171  record, report, transmit, display, or release the Amber Alert,
  172  Missing Child Alert, missing child information, missing adult
  173  information, or Silver Alert or Purple Alert information
  174  received from the local law enforcement agency having
  175  jurisdiction. The decision to record, report, transmit, display,
  176  or release information is discretionary with the agency,
  177  employee, individual, or entity receiving the information.
  178         Section 4. Paragraph (b) of subsection (3) of section
  179  937.022, Florida Statutes, is amended to read:
  180         937.022 Missing Endangered Persons Information
  181  Clearinghouse.—
  182         (3) The clearinghouse shall:
  183         (b) Provide a centralized file for the exchange of
  184  information on missing endangered persons.
  185         1. Every state, county, or municipal law enforcement agency
  186  shall submit to the clearinghouse information concerning missing
  187  endangered persons.
  188         2. Any person having knowledge may submit a missing
  189  endangered person report to the clearinghouse concerning a child
  190  or adult younger than 26 years of age whose whereabouts is
  191  unknown, regardless of the circumstances, subsequent to
  192  reporting such child or adult missing to the appropriate law
  193  enforcement agency within the county in which the child or adult
  194  became missing, and subsequent to entry by the law enforcement
  195  agency of the child or person into the Florida Crime Information
  196  Center and the National Crime Information Center databases. The
  197  missing endangered person report shall be included in the
  198  clearinghouse database.
  199         3. Only the law enforcement agency having jurisdiction over
  200  the case may submit a missing endangered person report to the
  201  clearinghouse involving a missing adult age 26 years or older
  202  who is suspected by a law enforcement agency of being endangered
  203  or the victim of criminal activity.
  204         4. Only the law enforcement agency having jurisdiction over
  205  the case may make a request to the clearinghouse for the
  206  activation of a state Silver Alert or a Purple Alert involving a
  207  missing adult if circumstances regarding the disappearance have
  208  met the criteria for activation of the Silver Alert Plan or the
  209  Purple Alert.
  210         Section 5. Paragraph (d) of subsection (6) and subsection
  211  (9) of section 429.918, Florida Statutes, are amended to read:
  212         429.918 Licensure designation as a specialized Alzheimer’s
  213  services adult day care center.—
  214         (6)
  215         (d) Each employee hired on or after July 1, 2012, who
  216  provides direct care to ADRD participants, must receive and
  217  review an orientation plan that includes, at a minimum:
  218         1. Procedures to locate an ADRD participant who has
  219  wandered from the center. These procedures shall be reviewed
  220  regularly with all direct care staff.
  221         2. Information on the Silver Alert program and the Purple
  222  Alert in this state.
  223         3. Information regarding available products or programs
  224  used to identify ADRD participants or prevent them from
  225  wandering away from the center, their home, or other locations.
  226         (9) An adult day care center having a license designated
  227  under this section must give to each person who enrolls as an
  228  ADRD participant in the center, or the caregiver, a copy of the
  229  ADRD participant’s plan of care, as well as information
  230  regarding resources to assist in ensuring the safety and
  231  security of the ADRD participant, which must include, but need
  232  not be limited to, information pertaining to driving for those
  233  persons affected by dementia, available technology on wandering
  234  prevention devices and identification devices, the Silver Alert
  235  program and the Purple Alert in this state, and dementia
  236  specific safety interventions and strategies that can be used in
  237  the home setting.
  238         Section 6. Effective July 1, 2020, for the 2020-2021 fiscal
  239  year, the sums of $152,836 in recurring funds and $170,000 in
  240  nonrecurring funds are appropriated from the General Revenue
  241  Fund to the Department of Law Enforcement, and three full-time
  242  equivalent positions with an associated salary rate of 83,779
  243  are authorized, for the purpose of implementing this act.
  244         Section 7. Except as otherwise expressly provided in this
  245  act and except for this section, which shall take effect July 1,
  246  2020, this act shall take effect July 1, 2021.