Florida Senate - 2022              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1040
       
       
       
       
       
                               Ì751752*Î751752                          
       
       576-03256-22                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Health and Human Services)
    1                        A bill to be entitled                      
    2         An act relating to The Special Persons Registry;
    3         providing a short title; creating s. 402.88, F.S.;
    4         authorizing local law enforcement agencies to develop
    5         and maintain a database, to be known as the “The
    6         Special Persons Registry,” for a specified purpose;
    7         providing for enrollment in and removal from the
    8         registry; specifying information the registry may
    9         include; authorizing local law enforcement agencies to
   10         provide relevant information from the registry to law
   11         enforcement officers under certain circumstances;
   12         providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as the “Protect Our Loved
   17  Ones Act.”
   18         Section 2. Section 402.88, Florida Statutes, is created to
   19  read:
   20         402.88 Special Persons Registry in interactions with law
   21  enforcement.—
   22         (1)(a) A local law enforcement agency may develop and
   23  maintain a database, to be known as “The Special Persons
   24  Registry,” listing persons who have developmental,
   25  psychological, or other disabilities or conditions that may be
   26  relevant to their interactions with law enforcement officers.
   27  Persons with any type of confirmed developmental, psychological,
   28  or other disability or condition, including, but not limited to,
   29  autism spectrum disorder, Alzheimer’s disease or a dementia
   30  related disorder, bipolar disorder, or Down syndrome, may be
   31  enrolled in the registry. The confirmation of the disability or
   32  condition must be certified by a physician or physician
   33  assistant licensed under chapter 458 or chapter 459 or an
   34  advanced practice registered nurse licensed under chapter 464.
   35  In the case of psychological conditions, the confirmation of the
   36  condition must be certified by a psychologist licensed under
   37  chapter 490, a mental health counselor licensed under chapter
   38  491, or a psychiatrist as defined in s. 394.455. An adult with a
   39  disability may enroll himself or herself in the registry. If a
   40  person with a disability has been declared incapacitated under
   41  chapter 744, a parent or legal guardian of the person may enroll
   42  him or her in the registry.
   43         (b) A minor with a disability may be enrolled in the
   44  registry by his or her parent or legal guardian. An adult
   45  enrolled by another person must be notified of that enrollment
   46  by the local law enforcement agency in writing at his or her
   47  address of record within 5 business days after enrollment in the
   48  registry. A minor who was enrolled by another person must be
   49  notified by the agency in writing of that enrollment at his or
   50  her address of record within 5 business days after his or her
   51  18th birthday.
   52         (c) A registration is valid until the person is removed
   53  from the registry. A minor or an incapacitated adult may be
   54  removed from the registry by the minor’s parent or legal
   55  guardian or the adult’s legal guardian, respectively. A
   56  competent person who has reached 18 years of age may also choose
   57  to have his or her name removed from the registry. Upon a verbal
   58  or written request for removal of a person from the registry,
   59  the local law enforcement agency must remove the person’s
   60  information from the registry within 5 business days after the
   61  request is made.
   62         (2) The registry may include, but need not be limited to,
   63  any of the following information:
   64         (a) The listed person’s name, contact information, personal
   65  identifying information, and disability or condition that may be
   66  relevant to interactions with law enforcement officers.
   67         (b) If a person did not enroll himself or herself, the
   68  name, contact information, and personal identifying information
   69  of the person who enrolled the listed person in the registry.
   70         (c) Any additional information provided, including the
   71  certification of the condition or disability.
   72         (3) The local law enforcement agency may provide relevant
   73  information from the registry to a law enforcement officer
   74  engaged in his or her official duties.
   75         Section 3. This act shall take effect January 1, 2023.