Florida Senate - 2021                              CS for SB 184
       
       
        
       By the Committee on Transportation; and Senator Berman
       
       
       
       
       
       596-01961-21                                           2021184c1
    1                        A bill to be entitled                      
    2         An act relating to the Purple Alert; amending s.
    3         252.35, F.S.; requiring the Division of Emergency
    4         Management to identify and maintain an inventory of
    5         certain digitally displayed automatic changeable
    6         facing signs; amending s. 937.0201, F.S.; redefining
    7         the term “missing endangered person”; creating s.
    8         937.0205, F.S.; providing legislative findings and
    9         intent; requiring the Department of Law Enforcement,
   10         in cooperation with the Department of Transportation,
   11         the Department of Highway Safety and Motor Vehicles,
   12         the Department of the Lottery, and local law
   13         enforcement agencies, to establish and implement the
   14         Purple Alert; specifying minimum requirements for the
   15         Purple Alert; authorizing local law enforcement
   16         agencies to broadcast information concerning certain
   17         missing adults; requiring the local law enforcement
   18         agency having jurisdiction to notify media and alert
   19         subscribers if a Purple Alert is determined to be
   20         necessary and appropriate; authorizing the local law
   21         enforcement agency having jurisdiction to request that
   22         a case be opened with the Department of Law
   23         Enforcement’s Missing Endangered Persons Information
   24         Clearinghouse; requiring the clearinghouse to
   25         coordinate with the Department of Transportation and
   26         the Department of Highway Safety and Motor Vehicles in
   27         the activation of dynamic message signs on state
   28         highways and the immediate distribution of certain
   29         critical information under certain circumstances;
   30         requiring the Purple Alert process to include certain
   31         procedures and an information and education strategy;
   32         authorizing the Department of Law Enforcement to adopt
   33         rules; amending s. 937.021, F.S.; providing that the
   34         Department of Law Enforcement, as the Purple Alert
   35         coordinator, and certain agencies, employees,
   36         individuals, and entities are immune from civil
   37         liability for damages when performing certain actions
   38         in good faith; providing that the presumption of good
   39         faith is not overcome under certain circumstances;
   40         providing construction; amending s. 937.022, F.S.;
   41         authorizing only the law enforcement agency having
   42         jurisdiction over a case to make a request to the
   43         clearinghouse for the activation of a Purple Alert
   44         involving a missing adult under certain circumstances;
   45         amending s. 429.918, F.S.; conforming provisions to
   46         changes made by the act; providing an effective date.
   47          
   48  Be It Enacted by the Legislature of the State of Florida:
   49  
   50         Section 1. Paragraph (z) is added to subsection (2) of
   51  section 252.35, Florida Statutes, to read:
   52         252.35 Emergency management powers; Division of Emergency
   53  Management.—
   54         (2) The division is responsible for carrying out the
   55  provisions of ss. 252.31-252.90. In performing its duties, the
   56  division shall:
   57         (z) Identify and maintain an inventory of available
   58  digitally displayed automatic changeable facing signs capable of
   59  providing the immediate distribution of critical information to
   60  the public in times of declared emergency and regarding missing
   61  endangered persons.
   62         Section 2. Subsection (4) of section 937.0201, Florida
   63  Statutes, is amended to read:
   64         937.0201 Definitions.—As used in this chapter, the term:
   65         (4) “Missing endangered person” means any of the following:
   66         (a) A missing child.;
   67         (b) A missing adult younger than 26 years of age.;
   68         (c) A missing adult 26 years of age or older who is
   69  suspected by a law enforcement agency of being endangered or the
   70  victim of criminal activity.; or
   71         (d) A missing adult who meets the criteria for activation
   72  of the Silver Alert Plan of the Department of Law Enforcement.
   73         (e)A missing adult who meets the criteria for activation
   74  of the Purple Alert of the Department of Law Enforcement
   75  pursuant to s. 937.0205.
   76         Section 3. Section 937.0205, Florida Statutes, is created
   77  to read:
   78         937.0205Purple Alert.—
   79         (1)The Legislature finds that a standardized state system
   80  is necessary to aid in the search for a missing adult identified
   81  in paragraph (4)(a). The Legislature also finds that a
   82  coordinated local law enforcement and state agency response with
   83  prompt and widespread sharing of information will improve the
   84  chances of finding the person.
   85         (2)It is the intent of the Legislature to establish the
   86  Purple Alert, to be implemented in a manner that, to the extent
   87  practicable, safeguards the privacy rights and related health
   88  and diagnostic information of such missing adults.
   89         (3)The Department of Law Enforcement, in cooperation with
   90  the Department of Transportation, the Department of Highway
   91  Safety and Motor Vehicles, the Department of the Lottery, and
   92  local law enforcement agencies, shall establish and implement
   93  the Purple Alert. At a minimum, the Purple Alert must:
   94         (a)Be the only viable means by which the missing adult is
   95  likely to be returned to safety;
   96         (b)Provide, to the greatest extent possible, for the
   97  protection of the privacy, dignity, and independence of the
   98  missing adult by including standards aimed at safeguarding these
   99  civil liberties by preventing the inadvertent or unnecessary
  100  broadcasting or dissemination of sensitive health and diagnostic
  101  information;
  102         (c)Limit the broadcasting and dissemination of alerts and
  103  related information to the geographic areas where the missing
  104  adult could reasonably be, considering his or her circumstances
  105  and physical and mental condition, the potential modes of
  106  transportation available to him or her or suspected to be
  107  involved, and the known or suspected circumstances of his or her
  108  disappearance; and
  109         (d)Be activated only when there is sufficient descriptive
  110  information about the missing adult and the circumstances
  111  surrounding his or her disappearance to indicate that activating
  112  the alert is likely to help locate the missing adult.
  113         (4)(a)Under a Purple Alert, a local law enforcement agency
  114  may broadcast to the media and to persons who subscribe to
  115  receive alert notifications under this section information
  116  concerning a missing adult:
  117         1.Who has a mental or cognitive disability; an
  118  intellectual disability or a developmental disability, as those
  119  terms are defined in s. 393.063; a brain injury; another
  120  physical, mental, or emotional disability that is not related to
  121  substance abuse; or a combination of any of these;
  122         2.Whose disappearance indicates a credible threat of
  123  immediate danger or serious bodily harm to himself or herself,
  124  as determined by the local law enforcement agency;
  125         3.Who cannot be returned to safety without law enforcement
  126  intervention; and
  127         4.Who does not meet the criteria for activation of a local
  128  Silver Alert or the Silver Alert Plan of the Department of Law
  129  Enforcement.
  130         (b)If a Purple Alert is determined to be necessary and
  131  appropriate, the local law enforcement agency having
  132  jurisdiction must notify the media and subscribers in the
  133  jurisdiction or jurisdictions where the missing adult is
  134  believed to or may be located. The local law enforcement agency
  135  having jurisdiction may also request that the Purple Alert
  136  notification be broadcast on lottery terminals within the
  137  geographic regions where the missing adult may reasonably be,
  138  including, but not limited to, lottery terminals in gas
  139  stations, convenience stores, and supermarkets.
  140         (c)Under the Purple Alert, the local law enforcement
  141  agency having jurisdiction may also request that a case be
  142  opened with the Department of Law Enforcement’s Missing
  143  Endangered Persons Information Clearinghouse. To enhance local
  144  or regional efforts when the investigation indicates that an
  145  identifiable vehicle is involved, the clearinghouse must
  146  coordinate with the Department of Transportation and the
  147  Department of Highway Safety and Motor Vehicles for the
  148  activation of dynamic message signs on state highways and the
  149  immediate distribution of critical information to the public
  150  regarding the missing adult in accordance with the alert.
  151         (5)The Purple Alert process must include procedures to
  152  monitor the use, activation, and results of alerts and a
  153  strategy for informing and educating law enforcement, the media,
  154  and other stakeholders concerning the alert.
  155         (6)The Department of Law Enforcement may adopt rules to
  156  implement and administer this section.
  157         Section 4. Paragraphs (c), (d), and (e) of subsection (5)
  158  of section 937.021, Florida Statutes, are amended to read:
  159         937.021 Missing child and missing adult reports.—
  160         (5)
  161         (c) Upon receiving a request to record, report, transmit,
  162  display, or release Silver Alert or Purple Alert information
  163  from the law enforcement agency having jurisdiction over the
  164  missing adult, the Department of Law Enforcement as the state
  165  Silver Alert and Purple Alert coordinator, any state or local
  166  law enforcement agency, and the personnel of these agencies; any
  167  radio or television network, broadcaster, or other media
  168  representative; any dealer of communications services as defined
  169  in s. 202.11; or any agency, employee, individual, or entity is
  170  immune from civil liability for damages for complying in good
  171  faith with the request and is presumed to have acted in good
  172  faith in recording, reporting, transmitting, displaying, or
  173  releasing Silver Alert or Purple Alert information pertaining to
  174  the missing adult.
  175         (d) The presumption of good faith is not overcome if a
  176  technical or clerical error is made by any agency, employee,
  177  individual, or entity acting at the request of the local law
  178  enforcement agency having jurisdiction, or if the Amber Alert,
  179  Missing Child Alert, missing child information, missing adult
  180  information, or Silver Alert or Purple Alert information is
  181  incomplete or incorrect because the information received from
  182  the local law enforcement agency was incomplete or incorrect.
  183         (e) Neither this subsection nor any other provision of law
  184  creates a duty of the agency, employee, individual, or entity to
  185  record, report, transmit, display, or release the Amber Alert,
  186  Missing Child Alert, missing child information, missing adult
  187  information, or Silver Alert or Purple Alert information
  188  received from the local law enforcement agency having
  189  jurisdiction. The decision to record, report, transmit, display,
  190  or release information is discretionary with the agency,
  191  employee, individual, or entity receiving the information.
  192         Section 5. Paragraph (b) of subsection (3) of section
  193  937.022, Florida Statutes, is amended to read:
  194         937.022 Missing Endangered Persons Information
  195  Clearinghouse.—
  196         (3) The clearinghouse shall:
  197         (b) Provide a centralized file for the exchange of
  198  information on missing endangered persons.
  199         1. Every state, county, or municipal law enforcement agency
  200  shall submit to the clearinghouse information concerning missing
  201  endangered persons.
  202         2. Any person having knowledge may submit a missing
  203  endangered person report to the clearinghouse concerning a child
  204  or adult younger than 26 years of age whose whereabouts is
  205  unknown, regardless of the circumstances, subsequent to
  206  reporting such child or adult missing to the appropriate law
  207  enforcement agency within the county in which the child or adult
  208  became missing, and subsequent to entry by the law enforcement
  209  agency of the child or person into the Florida Crime Information
  210  Center and the National Crime Information Center databases. The
  211  missing endangered person report shall be included in the
  212  clearinghouse database.
  213         3. Only the law enforcement agency having jurisdiction over
  214  the case may submit a missing endangered person report to the
  215  clearinghouse involving a missing adult age 26 years or older
  216  who is suspected by a law enforcement agency of being endangered
  217  or the victim of criminal activity.
  218         4. Only the law enforcement agency having jurisdiction over
  219  the case may make a request to the clearinghouse for the
  220  activation of a state Silver Alert or a Purple Alert involving a
  221  missing adult if circumstances regarding the disappearance have
  222  met the criteria for activation of the Silver Alert Plan or the
  223  Purple Alert.
  224         Section 6. Paragraph (d) of subsection (6) and subsection
  225  (9) of section 429.918, Florida Statutes, are amended to read:
  226         429.918 Licensure designation as a specialized Alzheimer’s
  227  services adult day care center.—
  228         (6)
  229         (d) Each employee hired on or after July 1, 2012, who
  230  provides direct care to ADRD participants, must receive and
  231  review an orientation plan that includes, at a minimum:
  232         1. Procedures to locate an ADRD participant who has
  233  wandered from the center. These procedures shall be reviewed
  234  regularly with all direct care staff.
  235         2. Information on the Silver Alert program and the Purple
  236  Alert in this state.
  237         3. Information regarding available products or programs
  238  used to identify ADRD participants or prevent them from
  239  wandering away from the center, their home, or other locations.
  240         (9) An adult day care center having a license designated
  241  under this section must give to each person who enrolls as an
  242  ADRD participant in the center, or the caregiver, a copy of the
  243  ADRD participant’s plan of care, as well as information
  244  regarding resources to assist in ensuring the safety and
  245  security of the ADRD participant, which must include, but need
  246  not be limited to, information pertaining to driving for those
  247  persons affected by dementia, available technology on wandering
  248  prevention devices and identification devices, the Silver Alert
  249  program and the Purple Alert in this state, and dementia
  250  specific safety interventions and strategies that can be used in
  251  the home setting.
  252         Section 7. This act shall take effect July 1, 2022.