Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 834
       
       
       
       
       
       
                                Ì471926<Î471926                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Infrastructure and Security (Simmons)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 89 - 119
    4  and insert:
    5         (d)1.Upon recording, reporting, transmitting, displaying,
    6  or releasing information pertaining to a Lockdown Alert, the
    7  local law enforcement agency with jurisdiction; the Department
    8  of Law Enforcement; any state or local law enforcement agency
    9  and the personnel of these agencies; any radio or television
   10  network, broadcaster, or other media representative; any dealer
   11  of communications services as defined in s. 202.11; or any
   12  agency, employee, individual, or entity is immune from civil
   13  liability for damages for complying in good faith with this
   14  subsection and is presumed to have acted in good faith in
   15  recording, reporting, transmitting, displaying, or releasing
   16  information pertaining to a Lockdown Alert. The presumption of
   17  good faith is not overcome if a technical or clerical error is
   18  made by any agency, employee, individual, or entity acting at
   19  the request of the local law enforcement agency having
   20  jurisdiction, or if information pertaining to a Lockdown Alert
   21  is incomplete or incorrect because the information received from
   22  the local law enforcement agency was incomplete or incorrect.
   23         2. Neither this subsection nor any other law creates a duty
   24  of the agency, employee, individual, or entity to record,
   25  report, transmit, display, or release the Lockdown Alert
   26  information received from the local law enforcement agency
   27  having jurisdiction. The decision to record, report, transmit,
   28  display, or release information is discretionary with the
   29  agency, employee, individual, or entity receiving the
   30  information.
   31         (3) At the request of a local law enforcement agency, the
   32  Department of Law Enforcement, in cooperation with the
   33  Department of Highway Safety and Motor Vehicles and the
   34  Department of Transportation, must activate the emergency alert
   35  system and issue an Imminent Threat Alert to the public when the
   36  local law enforcement agency confirms that an imminent threat to
   37  the public exists, including, but not limited to, circumstances
   38  in which all of the following conditions have been satisfied:
   39         (a) A person has been killed or has suffered serious bodily
   40  injury or a person has been assaulted with a deadly weapon by
   41  another person.
   42         (b) The person suspected of committing the offense has fled
   43  the scene of the offense.
   44         (c) The law enforcement agency has determined that the
   45  suspect poses an imminent threat to the public safety.
   46         (4)An Imminent Threat Alert must, to the extent
   47  practicable, provide a detailed description of a suspect’s
   48  vehicle or other means of escape, the license plate number of
   49  the suspect’s vehicle, or any other available information that
   50  may assist in averting further harm or in the apprehending of
   51  the suspect.
   52         (5)(a) An Imminent Threat Alert must be immediately
   53  disseminated to the public through the emergency alert system
   54  and through the use of the dynamic message signs that are
   55  located along the State Highway System.
   56         (b) If a traffic emergency arises requiring that
   57  information pertaining to the traffic emergency be displayed on
   58  a dynamic message sign on a state highway in lieu of an Imminent
   59  Threat Alert, the agency responsible for posting the Imminent
   60  Threat Alert on the dynamic message sign does not violate this
   61  section.
   62         (c)1. Upon receiving a request to record, report, transmit,
   63  display, or release Imminent Threat Alert information from the
   64  law enforcement agency having jurisdiction, the Department of
   65  Law Enforcement; any state or local law enforcement agency and
   66  the personnel of these agencies; any radio or television
   67  network, broadcaster, or other media representative; any dealer
   68  of communications services as defined in s. 202.11; or any
   69  agency, employee, individual, or entity is immune from civil
   70  liability for damages for complying in good faith with this
   71  subsection and is presumed to have acted in good faith in
   72  recording, reporting, transmitting, displaying, or releasing
   73  information pertaining to an Imminent Threat Alert. The
   74  presumption of good faith is not overcome if a technical or
   75  clerical error is made by any agency, employee, individual, or
   76  entity acting at the request of the local law enforcement agency
   77  having jurisdiction, or if information pertaining to an Imminent
   78  Threat Alert is incomplete or incorrect because the information
   79  received from the local law enforcement agency was incomplete or
   80  incorrect.
   81         2. Neither this subsection nor any other law creates a duty
   82  of the agency, employee, individual, or entity to record,
   83  report, transmit, display, or release the Imminent Threat Alert
   84  information received from the local law enforcement agency
   85  having jurisdiction. The decision to record, report, transmit,
   86  display, or release information is discretionary with the
   87  agency, employee, individual, or entity receiving the
   88  information.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91  And the title is amended as follows:
   92         Delete lines 18 - 33
   93  and insert:
   94         taken off the list; providing immunity from civil
   95         liability to certain persons for damages for complying
   96         in good faith with specified provisions; providing a
   97         presumption of good faith; providing construction;
   98         requiring the Department of Law Enforcement, in
   99         cooperation with the Department of Highway Safety and
  100         Motor Vehicles and the Department of Transportation,
  101         to activate the emergency alert system and issue an
  102         Imminent Threat Alert to the public at the request of
  103         a local law enforcement agency under certain
  104         circumstances; specifying information that must be
  105         provided in Imminent Threat Alerts, if available;
  106         requiring Imminent Threat Alerts to be disseminated to
  107         the public through the emergency alert system and
  108         through the use of certain dynamic message signs;
  109         providing that the agency responsible for posting the
  110         Imminent Threat Alert on the dynamic message sign does
  111         not violate this section if certain traffic emergency
  112         information is displayed on the sign in lieu of the
  113         alert; providing immunity from civil liability to
  114         certain persons for damages for complying in good
  115         faith with specified provisions; providing a
  116         presumption of good faith; providing construction;
  117         providing an effective date.