Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 1040
Ì128694OÎ128694
LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Health and Human Services
(Brodeur) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. This act may be cited as the “Protect Our Loved
6 Ones Act.”
7 Section 2. Section 402.88, Florida Statutes, is created to
8 read:
9 402.88 Special Persons Registry in interactions with law
10 enforcement.—
11 (1)(a) A local law enforcement agency may develop and
12 maintain a database, to be known as “The Special Persons
13 Registry,” listing persons who have developmental,
14 psychological, or other disabilities or conditions that may be
15 relevant to their interactions with law enforcement officers.
16 Persons with any type of confirmed developmental, psychological,
17 or other disability or condition, including, but not limited to,
18 autism spectrum disorder, Alzheimer’s disease or a dementia
19 related disorder, bipolar disorder, or Down syndrome, may be
20 enrolled in the registry. The confirmation of the disability or
21 condition must be certified by a licensed physician, physician
22 assistant, or advanced practice registered nurse or, in the case
23 of psychological conditions, by a licensed psychologist. An
24 adult with a disability may enroll himself or herself in the
25 registry. If a person with a disability has been declared
26 incapacitated, a parent or legal guardian of the person may
27 enroll him or her in the registry.
28 (b) A child with a disability may be enrolled in the
29 registry by his or her parent or legal guardian. An adult
30 enrolled by another person must be notified of that enrollment
31 by the local law enforcement agency in writing at his or her
32 address of record within 5 business days after enrollment in the
33 registry. A minor child who was enrolled by another person must
34 be notified by the agency in writing of that enrollment at his
35 or her address of record within 5 business days after his or her
36 18th birthday.
37 (c) A registration is valid until the person is removed
38 from the registry. A minor or an adult who is under a
39 guardianship may be removed from the registry by the minor’s
40 parent or legal guardian or the adult’s legal guardian,
41 respectively. A competent person who has reached 18 years of age
42 may also choose to have his or her name removed from the
43 registry. Upon a valid verbal or written request for removal of
44 a person from the registry, the local law enforcement agency
45 must remove the person’s information from the registry within 5
46 business days after the request.
47 (2) The registry may include, but need not be limited to,
48 any of the following information:
49 (a) The listed person’s name, contact information, personal
50 identifying information, and disability or condition that may be
51 relevant to interactions with law enforcement officers.
52 (b) If a person did not enroll himself or herself, the
53 name, contact information, and personal identifying information
54 of the person who enrolled the listed person in the registry.
55 (c) Any additional information provided, including the
56 certification of the condition or disability.
57 (3) The local law enforcement agency may provide relevant
58 information from the registry to a law enforcement officer
59 engaged in his or her official duties.
60 Section 3. This act shall take effect January 1, 2023.
61
62 ================= T I T L E A M E N D M E N T ================
63 And the title is amended as follows:
64 Delete everything before the enacting clause
65 and insert:
66 A bill to be entitled
67 An act relating to The Special Persons Registry;
68 providing a short title; creating s. 402.88, F.S.;
69 authorizing local law enforcement agencies to develop
70 and maintain a database, to be known as the “The
71 Special Persons Registry,” for a specified purpose;
72 providing for enrollment in and removal from the
73 registry; specifying information the registry may
74 include; authorizing local law enforcement agencies to
75 provide relevant information from the registry to law
76 enforcement officers under certain circumstances;
77 providing an effective date.