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.
