Bill Text: FL S0708 | 2017 | Regular Session | Introduced


Bill Title: Missing Person Investigations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2017-05-05 - Died in Children, Families, and Elder Affairs [S0708 Detail]

Download: Florida-2017-S0708-Introduced.html
       Florida Senate - 2017                                     SB 708
       
       
        
       By Senator Powell
       
       30-01162-17                                            2017708__
    1                        A bill to be entitled                      
    2         An act relating to missing person investigations;
    3         amending s. 937.0201, F.S.; revising the definition of
    4         the term “missing endangered person”; amending s.
    5         937.021, F.S.; providing that certain persons are
    6         immune from civil liability for damages for complying
    7         with the request to release TJ Alert information to
    8         appropriate agencies; providing a presumption of good
    9         faith for specified actions concerning TJ alerts;
   10         amending s. 937.022, F.S.; authorizing only the law
   11         enforcement agency having jurisdiction over a case to
   12         request that the Missing Endangered Persons
   13         Information Clearinghouse activate a TJ Alert
   14         involving a missing person who is suspected by the law
   15         enforcement agency of meeting the criteria for
   16         activation of the TJ Alert Plan; providing an
   17         effective date.
   18          
   19  Be It Enacted by the Legislature of the State of Florida:
   20  
   21         Section 1. Paragraphs (c) and (d) of subsection (4) of
   22  section 937.0201, Florida Statutes, are amended, and paragraph
   23  (e) is added to that subsection, to read:
   24         937.0201 Definitions.—As used in this chapter, the term:
   25         (4) “Missing endangered person” means:
   26         (c) A missing adult 26 years of age or older who is
   27  suspected by a law enforcement agency of being endangered or the
   28  victim of criminal activity; or
   29         (d) A missing adult who meets the criteria for activation
   30  of the Silver Alert Plan of the department of Law Enforcement;
   31  or
   32         (e)A missing person who meets the criteria for activation
   33  of the TJ Alert Plan of the department.
   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 TJ Alert information from the law
   41  enforcement agency having jurisdiction over the missing person,
   42  the department as the state TJ Alert coordinator, any state or
   43  local law enforcement agency, and the personnel of these
   44  agencies; any radio or television network, broadcaster, or other
   45  media representative; any dealer of communications services as
   46  defined in s. 202.11; or any agency, employee, individual, or
   47  entity is immune from civil liability for damages for complying
   48  in good faith with the request and is presumed to have acted in
   49  good faith in recording, reporting, transmitting, displaying, or
   50  releasing TJ Alert information pertaining to the missing person.
   51         (e)(d) The presumption of good faith is not overcome if a
   52  technical or clerical error is made by any agency, employee,
   53  individual, or entity acting at the request of the local law
   54  enforcement agency having jurisdiction, or if the Amber Alert,
   55  Missing Child Alert, missing child information, missing adult
   56  information, or Silver Alert, or TJ Alert information is
   57  incomplete or incorrect because the information received from
   58  the local law enforcement agency was incomplete or incorrect.
   59         (f)(e) Neither this subsection nor any other provision of
   60  law creates a duty of the agency, employee, individual, or
   61  entity to record, report, transmit, display, or release the
   62  Amber Alert, Missing Child Alert, missing child information,
   63  missing adult information, or Silver Alert, or TJ Alert
   64  information received from the local law enforcement agency
   65  having jurisdiction. The decision to record, report, transmit,
   66  display, or release information is discretionary with the
   67  agency, employee, individual, or entity receiving the
   68  information.
   69         Section 3. Subsection (3) of section 937.022, Florida
   70  Statutes, is amended to read:
   71         937.022 Missing Endangered Persons Information
   72  Clearinghouse.—
   73         (3) The clearinghouse shall:
   74         (a) Establish a system of intrastate communication of
   75  information relating to missing endangered persons.
   76         (b) Provide a centralized file for the exchange of
   77  information on missing endangered persons.
   78         1. Every state, county, or municipal law enforcement agency
   79  shall submit to the clearinghouse information concerning missing
   80  endangered persons.
   81         2. Any person having knowledge may submit a missing
   82  endangered person report to the clearinghouse concerning a child
   83  or adult younger than 26 years of age whose whereabouts is
   84  unknown, regardless of the circumstances, subsequent to
   85  reporting such child or adult missing to the appropriate law
   86  enforcement agency within the county in which the child or adult
   87  became missing, and subsequent to entry by the law enforcement
   88  agency of the child or person into the Florida Crime Information
   89  Center and the National Crime Information Center databases. The
   90  missing endangered person report shall be included in the
   91  clearinghouse database.
   92         3. Only the law enforcement agency having jurisdiction over
   93  the case may submit a missing endangered person report to the
   94  clearinghouse involving a missing adult age 26 years or older
   95  who is suspected by a law enforcement agency of being endangered
   96  or the victim of criminal activity.
   97         4. Only the law enforcement agency having jurisdiction over
   98  the case may make a request to the clearinghouse for the
   99  activation of a state Silver Alert involving a missing adult if
  100  circumstances regarding the disappearance have met the criteria
  101  for activation of the Silver Alert Plan.
  102         5.Only the law enforcement agency having jurisdiction over
  103  the case may make a request to the clearinghouse for the
  104  activation of a state TJ Alert involving a missing person if
  105  circumstances regarding the disappearance have met the criteria
  106  for activation of the TJ Alert Plan.
  107         (c) Collect, process, maintain, and disseminate information
  108  on missing endangered persons and strive to maintain or
  109  disseminate only accurate and complete information.
  110         Section 4. This act shall take effect July 1, 2017.

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