Bill Text: FL S0330 | 2015 | Regular Session | Comm Sub

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

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Bill Title: Missing Persons with Special Needs

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2015-05-01 - Died in Appropriations [S0330 Detail]

Download: Florida-2015-S0330-Comm_Sub.html

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       Florida Senate - 2015                              CS for SB 330
       
       
        
       By the Committee on Criminal Justice; and Senator Dean
       
       
       
       
       
       591-01821-15                                           2015330c1
    1                        A bill to be entitled                      
    2         An act relating to missing persons with special needs;
    3         amending s. 937.0201, F.S.; revising the definition of
    4         the term “missing endangered person” to include
    5         certain persons with special needs; amending s.
    6         937.021, F.S.; providing immunity from civil liability
    7         for certain persons who comply with a request to
    8         release information concerning missing persons with
    9         special needs to appropriate agencies; providing a
   10         presumption that a person recording, reporting,
   11         transmitting, displaying, or releasing such
   12         information acted in good faith; amending s. 937.022,
   13         F.S.; specifying who may submit a report concerning a
   14         missing person with special needs; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Paragraphs (c) and (d) of subsection (4) of
   20  section 937.0201, Florida Statutes, are amended, and paragraph
   21  (e) is added to that subsection, to read:
   22         937.0201 Definitions.—As used in this chapter, the term:
   23         (4) “Missing endangered person” means:
   24         (c) A missing adult 26 years of age or older who is
   25  suspected by a law enforcement agency of being endangered or the
   26  victim of criminal activity; or
   27         (d) A missing adult who meets the criteria for activation
   28  of the Silver Alert Plan of the Department of Law Enforcement;
   29  or
   30         (e) A missing person with special needs who is at risk of
   31  becoming lost or is prone to wander due to autism spectrum
   32  disorder, a developmental disability, or any other disease or
   33  condition.
   34         Section 2. Present paragraphs (d) and (e) of subsection (5)
   35  of section 937.021, Florida Statutes, are amended, and a new
   36  paragraph (d) is added to that subsection, to read:
   37         937.021 Missing child and missing adult reports.—
   38         (5)
   39         (d) Upon receiving a request to record, report, transmit,
   40  display, or release information about a missing person with
   41  special needs, as described in s. 937.0201(4)(e), from the law
   42  enforcement agency having jurisdiction over the missing person,
   43  the Department of Law Enforcement, any state or local law
   44  enforcement agency, and the personnel of these agencies; any
   45  radio or television network, broadcaster, or other media
   46  representative; any dealer of communications services as defined
   47  in s. 202.11; or any agency, employee, individual, or entity is
   48  immune from civil liability for damages for complying in good
   49  faith with the request and is presumed to have acted in good
   50  faith in recording, reporting, transmitting, displaying, or
   51  releasing information pertaining to the missing person with
   52  special needs.
   53         (e)(d) The presumption of good faith is not overcome if a
   54  technical or clerical error is made by any agency, employee,
   55  individual, or entity acting at the request of the local law
   56  enforcement agency having jurisdiction, or if the information
   57  regarding an Amber Alert, Missing Child Alert, Silver Alert,
   58  missing child information, missing adult information, or missing
   59  person with special needs Silver Alert information is incomplete
   60  or incorrect because the information received from the local law
   61  enforcement agency was incomplete or incorrect.
   62         (f)(e) Neither this subsection nor any other provision of
   63  law creates a duty of the agency, employee, individual, or
   64  entity to record, report, transmit, display, or release the
   65  information regarding an Amber Alert, Missing Child Alert,
   66  Silver Alert, missing child information, missing adult
   67  information, or missing person with special needs Silver Alert
   68  information received from the local law enforcement agency
   69  having jurisdiction. The decision to record, report, transmit,
   70  display, or release information is discretionary with the
   71  agency, employee, individual, or entity receiving the
   72  information.
   73         Section 3. Paragraph (b) of subsection (3) of section
   74  937.022, Florida Statutes, is amended to read:
   75         937.022 Missing Endangered Persons Information
   76  Clearinghouse.—
   77         (3) The clearinghouse shall:
   78         (b) Provide a centralized file for the exchange of
   79  information on missing endangered persons.
   80         1. Every state, county, or municipal law enforcement agency
   81  shall submit to the clearinghouse information concerning missing
   82  endangered persons.
   83         2. Any person having knowledge may submit a missing
   84  endangered person report to the clearinghouse concerning a
   85  child, an or adult younger than 26 years of age, or a person
   86  with special needs, as described in s. 937.0201(4)(e), whose
   87  whereabouts are is unknown, regardless of the circumstances,
   88  subsequent to reporting such child, or adult, or person with
   89  special needs missing to the appropriate law enforcement agency
   90  within the county in which the child, or adult, or person with
   91  special needs went became missing, and subsequent to entry by
   92  the law enforcement agency of the child or person into the
   93  Florida Crime Information Center and the National Crime
   94  Information Center databases. The missing endangered person
   95  report shall be included in the clearinghouse database.
   96         3. Only the law enforcement agency having jurisdiction over
   97  the case may submit a missing endangered person report to the
   98  clearinghouse involving a missing adult age 26 years or older
   99  who is suspected by a law enforcement agency of being endangered
  100  or the victim of criminal activity.
  101         4. Only the law enforcement agency having jurisdiction over
  102  the case may make a request to the clearinghouse for the
  103  activation of a state Silver Alert involving a missing adult if
  104  circumstances regarding the disappearance have met the criteria
  105  for activation of the Silver Alert Plan.
  106         Section 4. This act shall take effect July 1, 2015.