Bill Text: FL S0184 | 2021 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Purple Alert

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Passed) 2021-06-17 - Chapter No. 2021-93 [S0184 Detail]

Download: Florida-2021-S0184-Comm_Sub.html

---

       Florida Senate - 2021                       CS for CS for SB 184
       
       
        
       By the Committees on Appropriations; and Transportation; and
       Senator Berman
       
       
       
       
       576-04224-21                                           2021184c2
    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         providing an appropriation; providing effective dates.
   46          
   47  Be It Enacted by the Legislature of the State of Florida:
   48  
   49         Section 1. Paragraph (z) is added to subsection (2) of
   50  section 252.35, Florida Statutes, to read:
   51         252.35 Emergency management powers; Division of Emergency
   52  Management.—
   53         (2) The division is responsible for carrying out the
   54  provisions of ss. 252.31-252.90. In performing its duties, the
   55  division shall:
   56         (z) Identify and maintain an inventory of available
   57  digitally displayed automatic changeable facing signs capable of
   58  providing the immediate distribution of critical information to
   59  the public in times of declared emergency and regarding missing
   60  endangered persons.
   61         Section 2. Subsection (4) of section 937.0201, Florida
   62  Statutes, is amended to read:
   63         937.0201 Definitions.—As used in this chapter, the term:
   64         (4) “Missing endangered person” means any of the following:
   65         (a) A missing child.;
   66         (b) A missing adult younger than 26 years of age.;
   67         (c) A missing adult 26 years of age or older who is
   68  suspected by a law enforcement agency of being endangered or the
   69  victim of criminal activity.; or
   70         (d) A missing adult who meets the criteria for activation
   71  of the Silver Alert Plan of the Department of Law Enforcement.
   72         (e) A missing adult who meets the criteria for activation
   73  of the Purple Alert of the Department of Law Enforcement
   74  pursuant to s. 937.0205.
   75         Section 3. Section 937.0205, Florida Statutes, is created
   76  to read:
   77         937.0205 Purple Alert.—
   78         (1) The Legislature finds that a standardized state system
   79  is necessary to aid in the search for a missing adult identified
   80  in paragraph (4)(a). The Legislature also finds that a
   81  coordinated local law enforcement and state agency response with
   82  prompt and widespread sharing of information will improve the
   83  chances of finding the person.
   84         (2) It is the intent of the Legislature to establish the
   85  Purple Alert, to be implemented in a manner that, to the extent
   86  practicable, safeguards the privacy rights and related health
   87  and diagnostic information of such missing adults.
   88         (3) The Department of Law Enforcement, in cooperation with
   89  the Department of Transportation, the Department of Highway
   90  Safety and Motor Vehicles, the Department of the Lottery, and
   91  local law enforcement agencies, shall establish and implement
   92  the Purple Alert. At a minimum, the Purple Alert must:
   93         (a) Be the only viable means by which the missing adult is
   94  likely to be returned to safety;
   95         (b) Provide, to the greatest extent possible, for the
   96  protection of the privacy, dignity, and independence of the
   97  missing adult by including standards aimed at safeguarding these
   98  civil liberties by preventing the inadvertent or unnecessary
   99  broadcasting or dissemination of sensitive health and diagnostic
  100  information;
  101         (c) Limit the broadcasting and dissemination of alerts and
  102  related information to the geographic areas where the missing
  103  adult could reasonably be, considering his or her circumstances
  104  and physical and mental condition, the potential modes of
  105  transportation available to him or her or suspected to be
  106  involved, and the known or suspected circumstances of his or her
  107  disappearance; and
  108         (d) Be activated only when there is sufficient descriptive
  109  information about the missing adult and the circumstances
  110  surrounding his or her disappearance to indicate that activating
  111  the alert is likely to help locate the missing adult.
  112         (4)(a) Under a Purple Alert, a local law enforcement agency
  113  may broadcast to the media and to persons who subscribe to
  114  receive alert notifications under this section information
  115  concerning a missing adult:
  116         1. Who has a mental or cognitive disability that is not
  117  Alzheimer’s disease or a dementia-related disorder; 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. Effective July 1, 2021, for the 2021-2022 fiscal
  225  year, the sums of $107,111 in recurring funds and $92,790 in
  226  nonrecurring funds are appropriated from the Operating Trust
  227  Fund to the Department of Law Enforcement, and two full-time
  228  equivalent positions with associated salary rate of 55,853 are
  229  authorized, for the purpose of implementing this act.
  230         Section 7. Except as otherwise expressly provided in this
  231  act and except for this section, which shall take effect July 1,
  232  2021, this act shall take effect July 1, 2022.