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.