Florida Senate - 2020 SB 834 By Senator Simmons 9-00501-20 2020834__ 1 A bill to be entitled 2 An act relating to emergency alerts; creating s. 3 784.072, F.S.; defining terms; authorizing a local law 4 enforcement agency to activate the emergency alert 5 system and issue a Lockdown Alert to public and 6 private schools and child care facilities under 7 certain circumstances; requiring local law enforcement 8 agencies to create and maintain a list of all public 9 schools, private schools, and child care facilities 10 within their jurisdictions which must be included in 11 the Lockdown Alert; authorizing public or private 12 schools or child care facilities to contact their 13 local law enforcement agencies to verify that they are 14 included on the list or to register for inclusion on 15 the list; requiring a local law enforcement agency to 16 take a private school or child care facility off the 17 list if the school or facility requests that it be 18 taken off the list; requiring the Department of Law 19 Enforcement, in cooperation with the Department of 20 Highway Safety and Motor Vehicles and the Department 21 of Transportation, to activate the emergency alert 22 system and issue an Imminent Threat Alert to the 23 public at the request of a local law enforcement 24 agency under certain circumstances; specifying 25 information that must be provided in Imminent Threat 26 Alerts, if available; requiring Imminent Threat Alerts 27 to be disseminated to the public through the emergency 28 alert system and through the use of certain dynamic 29 message signs; providing that the agency responsible 30 for posting the Imminent Threat Alert on the dynamic 31 message sign does not violate this section if certain 32 traffic emergency information is displayed on the sign 33 in lieu of the alert; providing an effective date. 34 35 Be It Enacted by the Legislature of the State of Florida: 36 37 Section 1. Section 784.072, Florida Statutes, is created to 38 read: 39 784.072 Notification of imminent threat to schools and 40 child care facilities or the public; Lockdown Alert; Imminent 41 Threat Alert.— 42 (1) As used in this section, the term: 43 (a) “Child care facility” has the same meaning as in s. 44 402.302. 45 (b) “Imminent Threat Alert” means a notification issued 46 pursuant to subsection (3) which informs the public that an 47 imminent threat exists such that the lives and safety of people 48 are endangered, including, but not limited to, instances in 49 which a person suspected of killing or causing serious bodily 50 injury to another person or assaulting another person with a 51 deadly weapon has fled the scene of the offense. 52 (c) “Lockdown Alert” means a notification issued pursuant 53 to subsection (2) which informs public schools, private schools, 54 and child care facilities that an imminent threat exists, 55 including, but not limited to, instances in which a person 56 suspected of killing or causing serious bodily injury to another 57 person or assaulting another person with a deadly weapon has 58 fled the scene of the offense. The alert advises the schools and 59 facilities to lock their doors and encourages persons in those 60 schools and facilities to remain in lockdown and be vigilant in 61 watching for and reporting any suspicious activity. 62 (d) “Private school” has the same meaning as in s. 1002.01. 63 (2)(a) A local law enforcement agency that has jurisdiction 64 over the scene of an incident giving rise to an imminent threat 65 to the public may activate the emergency alert system and issue 66 a Lockdown Alert to all public and private schools and child 67 care facilities it determines are at risk, given their proximity 68 to the incident, including an incident in which all of the 69 following conditions are satisfied: 70 1. A person has been killed or has suffered serious bodily 71 injury or a person has been assaulted with a deadly weapon by 72 another person. 73 2. The person suspected of committing the offense has fled 74 the scene of the offense. 75 3. The law enforcement agency investigating the offense has 76 determined that the suspect poses an imminent threat to the 77 public safety. 78 (b) For purposes of complying with this subsection, each 79 local law enforcement agency shall create and maintain a list of 80 all public schools, private schools, and child care facilities 81 within its jurisdiction. 82 (c) A public or private school or child care facility may 83 contact local law enforcement agencies to verify that it is 84 included on the list of those that will receive a Lockdown Alert 85 or to register to be included on the list. A local law 86 enforcement agency must take a private school or child care 87 facility off the list if the school or facility requests that it 88 be taken off the list. 89 (3) At the request of a local law enforcement agency, the 90 Department of Law Enforcement, in cooperation with the 91 Department of Highway Safety and Motor Vehicles and the 92 Department of Transportation, must activate the emergency alert 93 system and issue an Imminent Threat Alert to the public when the 94 local law enforcement agency confirms that an imminent threat to 95 the public exists, including, but not limited to, circumstances 96 in which all of the following conditions have been satisfied: 97 (a) A person has been killed or has suffered serious bodily 98 injury or a person has been assaulted with a deadly weapon by 99 another person. 100 (b) The person suspected of committing the offense has fled 101 the scene of the offense. 102 (c) The law enforcement agency has determined that the 103 suspect poses an imminent threat to the public safety. 104 (4) An Imminent Threat Alert must, to the extent 105 practicable, provide a detailed description of a suspect’s 106 vehicle or other means of escape, the license plate number of 107 the suspect’s vehicle, or any other available information that 108 may assist in averting further harm or in the apprehending of 109 the suspect. 110 (5)(a) An Imminent Threat Alert must be immediately 111 disseminated to the public through the emergency alert system 112 and through the use of the dynamic message signs that are 113 located along the State Highway System. 114 (b) If a traffic emergency arises requiring that 115 information pertaining to the traffic emergency be displayed on 116 a dynamic message sign on a state highway in lieu of an Imminent 117 Threat Alert, the agency responsible for posting the Imminent 118 Threat Alert on the dynamic message sign does not violate this 119 section. 120 Section 2. This act shall take effect October 1, 2020.