Bill Text: FL S0664 | 2011 | Regular Session | Comm Sub

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

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Bill Title: Missing Person Investigations/Silver Alert

Spectrum: Slight Partisan Bill (Republican 5-2-1)

Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0664 Detail]

Download: Florida-2011-S0664-Comm_Sub.html

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       Florida Senate - 2011                              CS for SB 664
       
       
       
       By the Committee on Judiciary; and Senators Benacquisto, Negron,
       Margolis, Smith, Dockery, Evers, and Dean
       
       
       
       590-03205-11                                           2011664c1
    1                        A bill to be entitled                      
    2         An act relating to missing person investigations;
    3         amending s. 937.0201, F.S.; defining terms; amending
    4         s. 937.021, F.S.; providing that certain specified
    5         persons are immune from civil liability for damages
    6         for complying with the request to release Silver Alert
    7         information to appropriate agencies; providing a
    8         presumption that a person recording, reporting,
    9         transmitting, displaying, or releasing such
   10         information acted in good faith; amending s. 937.022,
   11         F.S., relating to the Missing Endangered Persons
   12         Information Clearinghouse; authorizing only the law
   13         enforcement agency having jurisdiction over a case to
   14         request that the clearinghouse activate a state Silver
   15         Alert involving a missing adult who is suspected by a
   16         law enforcement agency of meeting the criteria for
   17         activation of the Silver Alert Plan; providing an
   18         effective date.
   19  
   20  Be It Enacted by the Legislature of the State of Florida:
   21  
   22         Section 1. Subsection (4) of section 937.0201, Florida
   23  Statutes, is amended to read:
   24         937.0201 Definitions.—As used in this chapter, the term:
   25         (4) “Missing endangered person” means:
   26         (a) A missing child;
   27         (b) A missing adult younger than 26 years of age; or
   28         (c) A missing adult 26 years of age or older who is
   29  suspected by a law enforcement agency of being endangered or the
   30  victim of criminal activity; or
   31         (d) A missing adult who meets the criteria for activation
   32  of the Silver Alert Plan of the Department of Law Enforcement.
   33         Section 2. Subsection (5) of section 937.021, Florida
   34  Statutes, is amended to read:
   35         937.021 Missing child and missing adult reports.—
   36         (5)(a) Upon receiving a request to record, report,
   37  transmit, display, or release Amber Alert or Missing Child Alert
   38  information from the law enforcement agency having jurisdiction
   39  over the missing child, the Department of Law Enforcement as the
   40  state Amber Alert coordinator, any state or local law
   41  enforcement agency, and the personnel of these agencies; any
   42  radio or television network, broadcaster, or other media
   43  representative; any dealer of communications services as defined
   44  in s. 202.11; or any agency, employee, individual, or entity is
   45  immune from civil liability for damages for complying in good
   46  faith with the request and is presumed to have acted in good
   47  faith in recording, reporting, transmitting, displaying, or
   48  releasing Amber Alert or Missing Child Alert information
   49  pertaining to the such child.
   50         (b) Upon receiving a request to record, report, transmit,
   51  display, or release information and photographs pertaining to a
   52  missing adult from the law enforcement agency having
   53  jurisdiction over the missing adult, the department, a state or
   54  local law enforcement agency, and the personnel of these
   55  agencies; any radio or television network, broadcaster, or other
   56  media representative; any dealer of communications services as
   57  defined in s. 202.11; or any agency, employee, individual, or
   58  person is immune from civil liability for damages for complying
   59  in good faith with the request to provide information and is
   60  presumed to have acted in good faith in recording, reporting,
   61  transmitting, displaying, or releasing information or
   62  photographs pertaining to the missing adult.
   63         (c) Upon receiving a request to record, report, transmit,
   64  display, or release Silver Alert information from the law
   65  enforcement agency having jurisdiction over the missing adult,
   66  the Department of Law Enforcement as the state Silver Alert
   67  coordinator, any state or local law enforcement agency, and the
   68  personnel of these agencies; any radio or television network,
   69  broadcaster, or other media representative; any dealer of
   70  communications services as defined in s. 202.11; or any agency,
   71  employee, individual, or entity is immune from civil liability
   72  for damages for complying in good faith with the request and is
   73  presumed to have acted in good faith in recording, reporting,
   74  transmitting, displaying, or releasing Silver Alert information
   75  pertaining to the missing adult.
   76         (d)(c) The presumption of good faith is not overcome if a
   77  technical or clerical error is made by any agency, employee,
   78  individual, or entity acting at the request of the local law
   79  enforcement agency having jurisdiction, or if the Amber Alert,
   80  Missing Child Alert, or missing adult information, or Silver
   81  Alert information is incomplete or incorrect because the
   82  information received from the local law enforcement agency was
   83  incomplete or incorrect.
   84         (e)(d) Neither this subsection nor any other provision of
   85  law creates a duty of the agency, employee, individual, or
   86  entity to record, report, transmit, display, or release the
   87  Amber Alert, Missing Child Alert, or missing adult information,
   88  or Silver Alert information received from the local law
   89  enforcement agency having jurisdiction. The decision to record,
   90  report, transmit, display, or release information is
   91  discretionary with the agency, employee, individual, or entity
   92  receiving the information.
   93         Section 3. Subsection (3) of section 937.022, Florida
   94  Statutes, is amended to read:
   95         937.022 Missing Endangered Persons Information
   96  Clearinghouse.—
   97         (3) The clearinghouse shall:
   98         (a) Establish a system of intrastate communication of
   99  information relating to missing endangered persons.
  100         (b) Provide a centralized file for the exchange of
  101  information on missing endangered persons.
  102         1. Every state, county, or municipal law enforcement agency
  103  shall submit to the clearinghouse information concerning missing
  104  endangered persons.
  105         2. Any person having knowledge may submit a missing
  106  endangered person report to the clearinghouse concerning a child
  107  or adult younger than 26 years of age whose whereabouts is
  108  unknown, regardless of the circumstances, subsequent to
  109  reporting such child or adult missing to the appropriate law
  110  enforcement agency within the county in which the child or adult
  111  became missing, and subsequent to entry by the law enforcement
  112  agency of the child or person into the Florida Crime Information
  113  Center and the National Crime Information Center databases. The
  114  missing endangered person report shall be included in the
  115  clearinghouse database.
  116         3. Only the law enforcement agency having jurisdiction over
  117  the case may submit a missing endangered person report to the
  118  clearinghouse involving a missing adult age 26 years or older
  119  who is suspected by a law enforcement agency of being endangered
  120  or the victim of criminal activity.
  121         4. Only the law enforcement agency having jurisdiction over
  122  the case may make a request to the clearinghouse for the
  123  activation of a state Silver Alert involving a missing adult if
  124  circumstances regarding the disappearance have met the criteria
  125  for activation of the Silver Alert Plan.
  126         (c) Collect, process, maintain, and disseminate information
  127  on missing endangered persons and strive to maintain or
  128  disseminate only accurate and complete information.
  129         Section 4. This act shall take effect July 1, 2011.