Florida Senate - 2020                                    SB 1476
       By Senator Torres
       15-01589A-20                                          20201476__
    1                        A bill to be entitled                      
    2         An act relating to missing persons; amending s.
    3         937.0201, F.S.; defining the term “at-risk veteran”;
    4         revising the definition of the term “missing adult”;
    5         amending s. 937.021, F.S.; providing that the
    6         Department of Law Enforcement, as the state Camo Alert
    7         coordinator, and certain agencies, employees,
    8         individuals, and entities, are immune from civil
    9         liability for damages for performing certain actions
   10         in good faith; providing that the presumption of good
   11         faith is not overcome under certain circumstances;
   12         providing construction; creating s. 937.0215, F.S.;
   13         prohibiting a person from causing a false Camo Alert
   14         to be issued; providing criminal penalties; amending
   15         s. 937.022, F.S.; authorizing only the law enforcement
   16         agency having jurisdiction over a case to make a
   17         request to the clearinghouse for the activation of a
   18         state Camo Alert involving a missing adult under
   19         certain circumstances; providing that a Camo Alert may
   20         only be issued for an at-risk veteran included in the
   21         Camo Alert Voluntary Registry; requiring the
   22         clearinghouse to establish and maintain the Camo Alert
   23         Voluntary Registry within the Missing Endangered
   24         Persons Information Clearinghouse; providing for
   25         voluntary registration of an at-risk veteran;
   26         providing requirements for the removal and expungement
   27         of an at-risk veteran’s registration and information;
   28         amending s. 937.023, F.S.; providing that the term
   29         “missing Florida school child” does not include an at
   30         risk veteran; providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Present subsections (1) through (5) of section
   35  937.0201, Florida Statutes, are renumbered as subsections (2)
   36  through (6), respectively, a new subsection (1) is added to that
   37  section, and present subsection (2) of that section is amended,
   38  to read:
   39         937.0201 Definitions.—As used in this chapter, the term:
   40         (1)“At-risk veteran” means a veteran of or an active duty
   41  member of the United States Armed Forces, the National Guard, or
   42  the United States Reserve Forces, regardless of age, who is
   43  known to suffer from a mental illness, including posttraumatic
   44  stress disorder (PTSD), or a traumatic brain injury or is
   45  concerned for his or her own mental stability, whose
   46  disappearance poses a credible threat to his or her own health
   47  and safety or the health and safety of another, and who is
   48  included as an at-risk veteran in the Missing Endangered Persons
   49  Information Clearinghouse Camo Alert Voluntary Registry.
   50         (3)(2) “Missing adult” means a person 18 years of age or
   51  older whose temporary or permanent residence is in, or is
   52  believed to be in, this state, whose location has not been
   53  determined, and who has been reported as missing to a law
   54  enforcement agency. The term includes an at-risk veteran.
   55         Section 2. Paragraphs (c), (d), and (e) of subsection (5)
   56  of section 937.021, Florida Statutes, are amended to read:
   57         937.021 Missing child and missing adult reports.—
   58         (5)
   59         (c) Upon receiving a request to record, report, transmit,
   60  display, or release Silver Alert or Camo Alert information from
   61  the law enforcement agency having jurisdiction over the missing
   62  adult, the Department of Law Enforcement as the state Silver
   63  Alert or state Camo Alert coordinator, any state or local law
   64  enforcement agency, and the personnel of these agencies; any
   65  radio or television network, broadcaster, or other media
   66  representative; any dealer of communications services as defined
   67  in s. 202.11; or any agency, employee, individual, or entity is
   68  immune from civil liability for damages for complying in good
   69  faith with the request and is presumed to have acted in good
   70  faith in recording, reporting, transmitting, displaying, or
   71  releasing Silver Alert or Camo Alert information pertaining to
   72  the missing adult.
   73         (d) The presumption of good faith is not overcome if a
   74  technical or clerical error is made by any agency, employee,
   75  individual, or entity acting at the request of the local law
   76  enforcement agency having jurisdiction, or if the Amber Alert,
   77  Missing Child Alert, missing child information, missing adult
   78  information, or Silver Alert, or Camo Alert information is
   79  incomplete or incorrect because the information received from
   80  the local law enforcement agency was incomplete or incorrect.
   81         (e) Neither this subsection nor any other provision of law
   82  creates a duty of the agency, employee, individual, or entity to
   83  record, report, transmit, display, or release the Amber Alert,
   84  Missing Child Alert, missing child information, missing adult
   85  information, or Silver Alert, or Camo Alert information received
   86  from the local law enforcement agency having jurisdiction. The
   87  decision to record, report, transmit, display, or release
   88  information is discretionary with the agency, employee,
   89  individual, or entity receiving the information.
   90         Section 3. Section 937.0215, Florida Statutes, is created
   91  to read:
   92         937.0215Intentionally causing a false Camo Alert;
   93  penalty.—A person who knowingly and intentionally causes a false
   94  Camo Alert to be issued under this chapter commits a misdemeanor
   95  of the first degree, punishable as provided in s. 775.082 or s.
   96  775.083.
   97         Section 4. Paragraph (b) of subsection (3) of section
   98  937.022, Florida Statutes, is amended, and paragraph (d) is
   99  added to that subsection, to read:
  100         937.022 Missing Endangered Persons Information
  101  Clearinghouse.—
  102         (3) The clearinghouse shall:
  103         (b) Provide a centralized file for the exchange of
  104  information on missing endangered persons.
  105         1. Every state, county, or municipal law enforcement agency
  106  shall submit to the clearinghouse information concerning missing
  107  endangered persons.
  108         2. Any person having knowledge may submit a missing
  109  endangered person report to the clearinghouse concerning a child
  110  or adult younger than 26 years of age whose whereabouts is
  111  unknown, regardless of the circumstances, subsequent to
  112  reporting such child or adult missing to the appropriate law
  113  enforcement agency within the county in which the child or adult
  114  became missing, and subsequent to entry by the law enforcement
  115  agency of the child or person into the Florida Crime Information
  116  Center and the National Crime Information Center databases. The
  117  missing endangered person report shall be included in the
  118  clearinghouse database.
  119         3. Only the law enforcement agency having jurisdiction over
  120  the case may submit a missing endangered person report to the
  121  clearinghouse involving a missing adult age 26 years or older
  122  who is suspected by a law enforcement agency of being endangered
  123  or the victim of criminal activity.
  124         4. Only the law enforcement agency having jurisdiction over
  125  the case may make a request to the clearinghouse for the
  126  activation of a state Silver Alert or state Camo Alert involving
  127  a missing adult if circumstances regarding the disappearance
  128  have met the criteria for activation of the Silver Alert Plan or
  129  the Camo Alert Plan. The clearinghouse may only authorize the
  130  issuance of a Camo Alert for those at-risk veterans who are
  131  included in the Camo Alert Voluntary Registry.
  132         (d)Establish and maintain the Camo Alert Voluntary
  133  Registry, a voluntary registration system to manage the
  134  voluntary registration of at-risk veterans by a veteran or his
  135  or her legal guardian. Only those veterans who have voluntarily
  136  requested to be included in the Camo Alert system shall be
  137  included in the Camo Alert Voluntary Registry. The system shall
  138  also provide for the removal and expungement of an at-risk
  139  veteran’s registration and information from the registry upon
  140  written request from the veteran or his or her legal guardian
  141  within 30 days after the clearinghouse receives the written
  142  request.
  143         Section 5. Subsection (1) of section 937.023, Florida
  144  Statutes, is amended to read:
  145         937.023 Department of Education to compile list of missing
  146  Florida school children; forms; notification.—
  147         (1) The Department of Education shall provide by rule for a
  148  program to identify and locate missing Florida school children
  149  who are enrolled in Florida public school districts in
  150  kindergarten through grade 12. A “missing Florida school child”
  151  is defined for the purposes of this section as a child 18 years
  152  of age or younger whose whereabouts are unknown. The term does
  153  not include an at-risk veteran as defined in s. 937.0201.
  154  Pursuant to such program, the department shall:
  155         (a) Collect each month a list of missing Florida school
  156  children as provided by the Florida Crime Information Center.
  157  The list shall be designed to include such information as the
  158  department deems necessary for the identification of the missing
  159  school child.
  160         (b) Compile from the information collected pursuant to
  161  paragraph (a) a list of missing Florida school children, which
  162  list shall be distributed monthly to all public school districts
  163  admitting children to kindergarten through grade 12. The list
  164  shall include the names of all such missing children, together
  165  with such other information as the department deems necessary.
  166  Each school district shall distribute this information to the
  167  public schools in the district by whatever manner it deems
  168  appropriate.
  169         (c) Notify the appropriate local, state, or federal law
  170  enforcement authority as soon as any additional information is
  171  obtained or contact is made with respect to a missing Florida
  172  school child.
  173         Section 6. This act shall take effect upon becoming a law.