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A bill to be entitled

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An act relating to missing persons; providing a short

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title; creating s. 937.0201, F.S.; providing definitions;

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amending s. 937.021, F.S.; requiring law enforcement

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agencies to adopt written policies and procedures to be

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used when investigating missing children and missing adult

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reports; requiring the law enforcement agency having

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jurisdiction to accept and file the report; providing a

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timeframe for transmitting the report to state and

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national databases; providing immunity from civil

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liability for certain persons providing information in

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good faith; requiring that a law enforcement agency obtain

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a DNA sample after a child or adult has been missing for

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more than 90 days; authorizing the Department of Law

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Enforcement to adopt rules; amending s. 937.022, F.S.;

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renaming the Missing Children Information Clearinghouse as

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the "Missing Endangered Persons Information

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Clearinghouse"; revising provisions to conform; requiring

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the state and national databases to be purged of

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information about a person who has been located; providing

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an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. This act may be cited as the "Jennifer Kesse and

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Tiffany Sessions Missing Persons Act."

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     Section 2.  Section 937.0201, Florida Statutes, is created

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to read:

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     937.0201 Definitions.--As used in this chapter, the term:

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     (1) "Department" means the Department of Law Enforcement.

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     (2) "Missing adult" means a person 18 years of age or older

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whose temporary or permanent residence is in, or is believed to

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be in, this state, whose location has not been determined, and

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who has been reported as missing to a law enforcement agency.

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     (3) "Missing child" means a person younger than 18 years of

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age whose temporary or permanent residence is in, or is believed

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to be in, this state, whose location has not been determined, and

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who has been reported as missing to a law enforcement agency.

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     (4) "Missing endangered person" means:

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     (a) A missing child;

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     (b) A missing adult younger than 26 years of age; or

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     (c) A missing adult 26 years of age or older who is

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suspected by a law enforcement agency of being endangered or the

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victim of criminal activity.

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     (5) "Missing endangered person report" means a report

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prepared on a form prescribed by the department by rule for use

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by the public and law enforcement agencies in reporting

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information to the Missing Endangered Persons Information

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Clearinghouse about a missing endangered person.

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     Section 3.  Section 937.021, Florida Statutes, is amended to

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read:

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     937.021 Missing child and missing adult reports.--

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     (1) Law enforcement agencies in this state shall adopt

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written policies that specify the procedures to be used to

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investigate reports of missing children and missing adults. The

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policies must ensure that cases involving missing children and

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adults are investigated promptly using appropriate resources. The

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policies must include:

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     (a) Requirements for accepting missing child and missing

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adult reports;

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     (b) Procedures for initiating, maintaining, closing, or

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referring a missing child or missing adult investigation; and

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     (c) Standards for maintaining and clearing computer data of

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information concerning a missing child and missing adult which is

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stored in the Florida Crime Information Center and the National

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Crime Information Center. The standards must require, at a

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minimum, a monthly review of each case and a determination of

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whether the case should be maintained in the database.

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     (2) An entry concerning a missing child or missing adult

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may not be removed from the Florida Crime Information Center or

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the National Crime Information Center databases based solely on

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the age of the missing child or missing adult.

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     (3) A report that a child or adult is missing must be

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accepted by and filed with the law enforcement agency having

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jurisdiction in the county or municipality in which the child or

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adult was last seen. The filing and acceptance of the report

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imposes the duties specified in this section upon the law

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enforcement agency receiving the report. This subsection does not

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preclude a law enforcement agency from accepting a missing child

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or missing adult report when agency jurisdiction cannot be

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determined.

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     (4)(a)(1) Upon the filing of a police report that a child

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is missing by the parent or guardian, the law enforcement agency

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receiving the report shall immediately inform all on-duty law

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enforcement officers of the existence of the missing child

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report, communicate the report to every other law enforcement

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agency having jurisdiction in the county, and within 2 hours

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after receipt of the report, transmit the report for inclusion

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within the Florida Crime Information Center and the National

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Crime Information Center databases computer.

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     (b) Upon the filing of a credible police report that an

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adult is missing, the law enforcement agency receiving the report

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shall, within 2 hours after receipt of the report, transmit the

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report for inclusion within the Florida Crime Information Center

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and the National Crime Information Center databases.

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     (2) A police report that a child is missing may be filed

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with the law enforcement agency having jurisdiction in the county

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or municipality in which the child was last seen prior to the

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filing of the report, without regard to whether the child resides

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in or has any significant contacts with that county or

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municipality. The filing of such a report shall impose the duties

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specified in subsection (1) upon that law enforcement agency.

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     (5)(3)(a) Upon receiving a request to record, report,

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transmit, display, or release Amber Alert or Missing Child Alert

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information from the law enforcement agency having jurisdiction

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over the missing or endangered child, the Department of Law

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Enforcement as the state Amber Alert coordinator,; any state or

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local law enforcement agency, and the personnel of these

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agencies; any radio or television network, broadcaster, or other

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media representative; any dealer of communications services as

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defined in s. 202.11; or any agency, employee, individual, or

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entity is immune from civil liability for damages for complying

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in good faith with the request and is presumed to have acted in

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good faith in recording, reporting, transmitting, displaying, or

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releasing Amber Alert or Missing Child Alert information

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pertaining to such child.

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     (b) Upon receiving a request to record, report, transmit,

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display, or release information and photographs pertaining to a

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missing adult from the law enforcement agency having jurisdiction

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over the missing adult, the department, a state or local law

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enforcement agency, and the personnel of these agencies; any

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radio or television network, broadcaster, or other media

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representative; any dealer of communications services as defined

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in s. 202.11; or any agency, employee, individual, or person is

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immune from civil liability for damages for complying in good

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faith with the request to provide information and is presumed to

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have acted in good faith in recording, reporting, transmitting,

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displaying, or releasing information or photographs pertaining to

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the missing adult.

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     (c)(b) The presumption of good faith is not overcome if a

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technical or clerical error is made by any such agency, employee,

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individual, or entity acting at the request of the local law

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enforcement agency having jurisdiction, or if the Amber Alert, or

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Missing Child Alert, or missing adult information is incomplete

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or incorrect because the information received from the local law

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enforcement agency was incomplete or incorrect.

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     (d)(c) Neither this subsection nor any other provision of

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law creates a duty of the agency, employee, individual, or entity

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to record, report, transmit, display, or release the Amber Alert,

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or Missing Child Alert, or missing adult information received

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from the local law enforcement agency having jurisdiction. The

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decision to record, report, transmit, display, or release

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information is discretionary with the agency, employee,

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individual, or entity receiving the that information from the

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local law enforcement agency having jurisdiction.

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     (6) If a missing child or missing adult is not located

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within 90 days after the missing child or missing adult report is

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filed, the law enforcement agency that accepted the report shall

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attempt to obtain a biological specimen for DNA analysis from the

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missing child or missing adult or from appropriate family members

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in addition to obtaining necessary documentation. This subsection

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does not prevent a law enforcement agency from attempting to

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obtain information or approved biological specimens for DNA

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analysis before the expiration of the 90-day period.

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     (7) The department shall adopt rules specific to cases

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involving missing children and missing adults which will:

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     (a) Identify biological specimens that are approved by the

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department for DNA analysis.

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     (b) Identify the documentation necessary for the department

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to use the biological specimens for DNA analysis.

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     (c) Establish procedures for the collection of biological

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specimens by law enforcement agencies.

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     (d) Establish procedures for forwarding biological

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specimens by law enforcement agencies to the department.

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     (8) Subsections (6) and (7) are contingent upon the

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availability of federal funding for the submission and processing

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of approved biological specimens for DNA analysis.

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     Section 4.  Section 937.022, Florida Statutes, is amended to

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read:

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     937.022 Missing Endangered Persons Children Information

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Clearinghouse.--

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     (1) There is created a Missing Endangered Persons Children

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Information Clearinghouse within the department to serve of Law

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Enforcement. The clearinghouse is established as a central

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repository of information regarding missing endangered persons

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children. Such information shall be collected and disseminated to

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assist in the location of missing endangered persons children.

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     (2)  The clearinghouse shall be supervised by a director who

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shall be employed upon the recommendation of the executive

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director. The executive director shall establish services deemed

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appropriate by the department to aid in the location of missing

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endangered persons children.

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     (3)  The clearinghouse shall:

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     (a)  Establish a system of intrastate communication of

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information relating to missing endangered persons children

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determined to be missing by their parents, guardians, or legal

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custodians or by law enforcement agencies.

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     (b)  Provide a centralized file for the exchange of

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information on missing endangered persons children within the

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state.

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     1.  Every state, county, or municipal law enforcement agency

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shall submit to the clearinghouse information concerning missing

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endangered persons received by it pursuant to s. 937.021.

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     2. Any person having knowledge parent, guardian, or legal

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custodian may submit a missing endangered person child report to

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the clearinghouse concerning about a child or adult younger than

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26 years of age whose whereabouts is unknown, regardless of the

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circumstances, subsequent to reporting such child or adult

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missing to the appropriate law enforcement agency within the

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county in which the child or adult became missing, and subsequent

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to entry by the law enforcement agency of the child or person

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into the Florida Crime Information Center and the National Crime

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Information Center databases. The missing endangered person which

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missing child report shall be included in the clearinghouse

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database.

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     3. Only the law enforcement agency having jurisdiction over

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the case may submit a missing endangered person report to the

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clearinghouse involving a missing adult age 26 years or older who

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is suspected by a law enforcement agency of being endangered or

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the victim of criminal activity.

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     (c) Interface with the National Crime Information Center

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for the exchange of information on children suspected of

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interstate travel.

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     (c)(d) Collect, process, maintain, and disseminate

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information on missing endangered persons children and strive to

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maintain or disseminate only accurate and complete information.

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     (4) The person parent, guardian, or legal custodian who is

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responsible for notifying the clearinghouse or a law enforcement

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agency about a missing endangered person child shall immediately

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notify the clearinghouse or the agency of any child or adult

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whose location has been determined.

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     (5) The law enforcement agency having jurisdiction over a

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case involving a missing endangered person shall, upon locating

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the child or adult, immediately purge information about the case

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from the Florida Crime Information Center or the National Crime

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Information Center databases and notify the clearinghouse.

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Information received pursuant to s. 937.021 about a missing

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child, which information has been included in the clearinghouse

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database, shall be purged by the appropriate law enforcement

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agency immediately upon location of such child.

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     (6) As used in this section, the term:

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     (a) "Missing child" means a person who is under the age of

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18 years; whose temporary or permanent residence is in, or is

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believed to be in, this state; whose location has not been

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determined; and who has been reported as missing to a law

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enforcement agency.

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     (b) "Missing child report" means a report prepared on a

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form designed by the Department of Law Enforcement for the use by

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private citizens and law enforcement agencies to report

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information about missing children to the Missing Children

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Information Clearinghouse.

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     Section 5.  This act shall take effect July 1, 2008.