Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 184 Ì954168FÎ954168 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Berman) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 117 - 252 4 and insert: 5 1. Who has a mental or cognitive disability that is not 6 Alzheimer’s disease or a dementia-related disorder; an 7 intellectual disability or a developmental disability, as those 8 terms are defined in s. 393.063; a brain injury; another 9 physical, mental, or emotional disability that is not related to 10 substance abuse; or a combination of any of these; 11 2. Whose disappearance indicates a credible threat of 12 immediate danger or serious bodily harm to himself or herself, 13 as determined by the local law enforcement agency; 14 3. Who cannot be returned to safety without law enforcement 15 intervention; and 16 4. Who does not meet the criteria for activation of a local 17 Silver Alert or the Silver Alert Plan of the Department of Law 18 Enforcement. 19 (b) If a Purple Alert is determined to be necessary and 20 appropriate, the local law enforcement agency having 21 jurisdiction must notify the media and subscribers in the 22 jurisdiction or jurisdictions where the missing adult is 23 believed to or may be located. The local law enforcement agency 24 having jurisdiction may also request that the Purple Alert 25 notification be broadcast on lottery terminals within the 26 geographic regions where the missing adult may reasonably be, 27 including, but not limited to, lottery terminals in gas 28 stations, convenience stores, and supermarkets. 29 (c) Under the Purple Alert, the local law enforcement 30 agency having jurisdiction may also request that a case be 31 opened with the Department of Law Enforcement’s Missing 32 Endangered Persons Information Clearinghouse. To enhance local 33 or regional efforts when the investigation indicates that an 34 identifiable vehicle is involved, the clearinghouse must 35 coordinate with the Department of Transportation and the 36 Department of Highway Safety and Motor Vehicles for the 37 activation of dynamic message signs on state highways and the 38 immediate distribution of critical information to the public 39 regarding the missing adult in accordance with the alert. 40 (5) The Purple Alert process must include procedures to 41 monitor the use, activation, and results of alerts and a 42 strategy for informing and educating law enforcement, the media, 43 and other stakeholders concerning the alert. 44 (6) The Department of Law Enforcement may adopt rules to 45 implement and administer this section. 46 Section 4. Paragraphs (c), (d), and (e) of subsection (5) 47 of section 937.021, Florida Statutes, are amended to read: 48 937.021 Missing child and missing adult reports.— 49 (5) 50 (c) Upon receiving a request to record, report, transmit, 51 display, or release Silver Alert or Purple Alert information 52 from the law enforcement agency having jurisdiction over the 53 missing adult, the Department of Law Enforcement as the state 54 Silver Alert and Purple Alert coordinator, any state or local 55 law enforcement agency, and the personnel of these agencies; any 56 radio or television network, broadcaster, or other media 57 representative; any dealer of communications services as defined 58 in s. 202.11; or any agency, employee, individual, or entity is 59 immune from civil liability for damages for complying in good 60 faith with the request and is presumed to have acted in good 61 faith in recording, reporting, transmitting, displaying, or 62 releasing Silver Alert or Purple Alert information pertaining to 63 the missing adult. 64 (d) The presumption of good faith is not overcome if a 65 technical or clerical error is made by any agency, employee, 66 individual, or entity acting at the request of the local law 67 enforcement agency having jurisdiction, or if the Amber Alert, 68 Missing Child Alert, missing child information, missing adult 69 information, or Silver Alert or Purple Alert information is 70 incomplete or incorrect because the information received from 71 the local law enforcement agency was incomplete or incorrect. 72 (e) Neither this subsection nor any other
provision oflaw 73 creates a duty of the agency, employee, individual, or entity to 74 record, report, transmit, display, or release the Amber Alert, 75 Missing Child Alert, missing child information, missing adult 76 information, or Silver Alert or Purple Alert information 77 received from the local law enforcement agency having 78 jurisdiction. The decision to record, report, transmit, display, 79 or release information is discretionary with the agency, 80 employee, individual, or entity receiving the information. 81 Section 5. Paragraph (b) of subsection (3) of section 82 937.022, Florida Statutes, is amended to read: 83 937.022 Missing Endangered Persons Information 84 Clearinghouse.— 85 (3) The clearinghouse shall: 86 (b) Provide a centralized file for the exchange of 87 information on missing endangered persons. 88 1. Every state, county, or municipal law enforcement agency 89 shall submit to the clearinghouse information concerning missing 90 endangered persons. 91 2. Any person having knowledge may submit a missing 92 endangered person report to the clearinghouse concerning a child 93 or adult younger than 26 years of age whose whereabouts is 94 unknown, regardless of the circumstances, subsequent to 95 reporting such child or adult missing to the appropriate law 96 enforcement agency within the county in which the child or adult 97 became missing, and subsequent to entry by the law enforcement 98 agency of the child or person into the Florida Crime Information 99 Center and the National Crime Information Center databases. The 100 missing endangered person report shall be included in the 101 clearinghouse database. 102 3. Only the law enforcement agency having jurisdiction over 103 the case may submit a missing endangered person report to the 104 clearinghouse involving a missing adult age 26 years or older 105 who is suspected by a law enforcement agency of being endangered 106 or the victim of criminal activity. 107 4. Only the law enforcement agency having jurisdiction over 108 the case may make a request to the clearinghouse for the 109 activation of a state Silver Alert or a Purple Alert involving a 110 missing adult if circumstances regarding the disappearance have 111 met the criteria for activation of the Silver Alert Plan or the 112 Purple Alert. 113 Section 6. Effective July 1, 2021, for the 2021-2022 fiscal 114 year, the sums of $107,111 in recurring funds and $92,790 in 115 nonrecurring funds are appropriated from the Operating Trust 116 Fund to the Department of Law Enforcement, and two full-time 117 equivalent positions with associated salary rate of 55,853 are 118 authorized, for the purpose of implementing this act. 119 Section 7. Except as otherwise expressly provided in this 120 act and except for this section, which shall take effect July 1, 121 2021, this act shall take effect July 1, 2022. 122 123 ================= T I T L E A M E N D M E N T ================ 124 And the title is amended as follows: 125 Delete lines 45 - 46 126 and insert: 127 providing an appropriation; providing effective dates.