Bill Text: FL S1198 | 2020 | Regular Session | Comm Sub
Bill Title: Purple Alert
Spectrum: Bipartisan Bill
Status: (Failed) 2020-03-14 - Died in Rules [S1198 Detail]
Download: Florida-2020-S1198-Comm_Sub.html
Florida Senate - 2020 CS for SB 1198
By the Committee on Children, Families, and Elder Affairs; and
Senator Berman
586-03499-20 20201198c1
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 structures; amending s. 937.0201, F.S.;
7 redefining the term “missing endangered person”;
8 creating s. 937.0205, F.S.; providing legislative
9 findings and intent; requiring the Department of Law
10 Enforcement, in cooperation with the Department of
11 Transportation, the Department of Highway Safety and
12 Motor Vehicles, the Department of the Lottery, and
13 local law enforcement agencies, to establish and
14 implement the Purple Alert; specifying minimum
15 requirements for the Purple Alert; authorizing local
16 law enforcement agencies to broadcast information
17 concerning certain missing adults; requiring the local
18 law enforcement agency of jurisdiction to notify
19 certain media and alert subscribers if a Purple Alert
20 is determined to be necessary and appropriate;
21 authorizing the local law enforcement agency of
22 jurisdiction which broadcasts the notification to
23 request that a case be opened with the Department of
24 Law Enforcement’s Missing Endangered Persons
25 Information Clearinghouse; requiring the clearinghouse
26 to coordinate with the Department of Transportation
27 and the Department of Highway Safety and Motor
28 Vehicles in the activation of dynamic message signs on
29 state highways and the immediate distribution of
30 certain critical information under certain
31 circumstances; requiring the Purple Alert to include
32 certain procedures and an information and education
33 strategy; authorizing the Department of Law
34 Enforcement to adopt rules; amending s. 937.021, F.S.;
35 providing that the Department of Law Enforcement, as
36 the Purple Alert coordinator, and certain agencies,
37 employees, individuals, and entities are immune from
38 civil liability for damages when performing certain
39 actions in good faith; providing that the presumption
40 of good faith is not overcome under certain
41 circumstances; providing construction; amending s.
42 937.022, F.S.; authorizing only the law enforcement
43 agency having jurisdiction over a case to make a
44 request to the clearinghouse for the activation of a
45 Purple Alert involving a missing adult under certain
46 circumstances; amending s. 429.918, F.S.; conforming
47 provisions to changes made by the act; providing an
48 appropriation; providing effective dates.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Paragraph (z) is added to subsection (2) of
53 section 252.35, Florida Statutes, to read:
54 252.35 Emergency management powers; Division of Emergency
55 Management.—
56 (2) The division is responsible for carrying out the
57 provisions of ss. 252.31-252.90. In performing its duties, the
58 division shall:
59 (z) Identify and maintain an inventory of available
60 digitally displayed automatic changeable facing structures
61 capable of providing the immediate distribution of critical
62 information to the public in times of declared emergency and for
63 the communication of information relating to missing endangered
64 persons.
65 Section 2. Subsection (4) of section 937.0201, Florida
66 Statutes, is amended to read:
67 937.0201 Definitions.—As used in this chapter, the term:
68 (4) “Missing endangered person” means any of the following:
69 (a) A missing child.;
70 (b) A missing adult younger than 26 years of age.;
71 (c) A missing adult 26 years of age or older who is
72 suspected by a law enforcement agency of being endangered or the
73 victim of criminal activity.; or
74 (d) A missing adult who meets the criteria for activation
75 of the Silver Alert Plan of the Department of Law Enforcement.
76 (e) A missing adult who meets the criteria for activation
77 of the Purple Alert of the Department of Law Enforcement
78 pursuant to s. 937.0205.
79 Section 3. Section 937.0205, Florida Statutes, is created
80 to read:
81 937.0205 Purple Alert.—
82 (1) The Legislature finds that a standardized state system
83 is necessary to aid in the search for a missing adult identified
84 in paragraph (4)(a). The Legislature also finds that a
85 coordinated local law enforcement and state agency response with
86 prompt and widespread sharing of information will improve the
87 chances of finding the person.
88 (2) It is the intent of the Legislature to establish the
89 Purple Alert, to be implemented in a manner that, to the extent
90 practicable, safeguards the privacy rights and related health
91 and diagnostic information of such missing adults.
92 (3) The Department of Law Enforcement, in cooperation with
93 the Department of Transportation, the Department of Highway
94 Safety and Motor Vehicles, the Department of the Lottery, and
95 local law enforcement agencies, shall establish and implement
96 the Purple Alert. At a minimum, the Purple Alert must:
97 (a) Be the only viable means by which the missing adult is
98 likely to be returned to safety;
99 (b) Provide, to the greatest extent possible, for the
100 protection of the privacy, dignity, and independence of such
101 missing adults by including standards aimed at safeguarding
102 these civil liberties by preventing the inadvertent or
103 unnecessary broadcasting or dissemination of sensitive health
104 and diagnostic information;
105 (c) Provide that the broadcasting and dissemination of
106 alerts and related information be limited to the geographic
107 areas where such missing adult could reasonably be, considering
108 his or her circumstances and physical and mental condition, the
109 potential modes of transportation available to him or her or
110 suspected to be involved, and the known or suspected
111 circumstances of his or her disappearance; and
112 (d) Be activated only when there is sufficient descriptive
113 information about the missing adult and the circumstances
114 surrounding the missing adult’s disappearance to indicate that
115 activating the alert is likely to help locate the missing adult.
116 (4)(a) Under a Purple Alert, a local law enforcement agency
117 may broadcast to the media and to persons who subscribe to
118 receive alert notifications under this section information
119 concerning a missing adult:
120 1. Who has a mental or cognitive disability; an
121 intellectual disability or a developmental disability, as those
122 terms are defined in s. 393.063; a brain injury; another
123 physical, mental, or emotional disability that is not related to
124 substance abuse; or a combination of any of these;
125 2. Whose disappearance indicates a credible threat of
126 immediate danger or serious bodily harm to himself or herself,
127 as determined by the local law enforcement agency;
128 3. Who cannot be returned to safety without law enforcement
129 intervention; and
130 4. Who does not meet the criteria for activation of a local
131 Silver Alert or the Silver Alert Plan of the Department of Law
132 Enforcement.
133 (b) If a Purple Alert is determined to be necessary and
134 appropriate, the local law enforcement agency of jurisdiction
135 shall notify the media and subscribers in the jurisdiction or
136 jurisdictions where the missing adult is believed to or may be
137 located. The local law enforcement agency of jurisdiction may
138 also request that the Purple Alert notification be broadcast on
139 lottery terminals within the geographic regions where the
140 missing adult may reasonably be, including, but not limited to,
141 lottery terminals in gas stations, convenience stores, and
142 supermarkets.
143 (c) Under the Purple Alert, the local law enforcement
144 agency of jurisdiction may also request that a case be opened
145 with the Department of Law Enforcement’s Missing Endangered
146 Persons Information Clearinghouse. To enhance local or regional
147 efforts when the investigation indicates that an identifiable
148 vehicle is involved, the clearinghouse must coordinate with the
149 Department of Transportation and the Department of Highway
150 Safety and Motor Vehicles for the activation of dynamic message
151 signs on state highways and the immediate distribution of
152 critical information to the public regarding the missing adult
153 in accordance with the alert.
154 (5) The Purple Alert process must include procedures to
155 monitor the use, activation, and results of alerts and a
156 strategy for informing and educating law enforcement, the media,
157 and other stakeholders concerning the alert.
158 (6) The Department of Law Enforcement may adopt rules to
159 implement and administer this section.
160 Section 4. Paragraphs (c), (d), and (e) of subsection (5)
161 of section 937.021, Florida Statutes, are amended to read:
162 937.021 Missing child and missing adult reports.—
163 (5)
164 (c) Upon receiving a request to record, report, transmit,
165 display, or release Silver Alert or Purple Alert information
166 from the law enforcement agency having jurisdiction over the
167 missing adult, the Department of Law Enforcement as the state
168 Silver Alert and Purple Alert coordinator, any state or local
169 law enforcement agency, and the personnel of these agencies; any
170 radio or television network, broadcaster, or other media
171 representative; any dealer of communications services as defined
172 in s. 202.11; or any agency, employee, individual, or entity is
173 immune from civil liability for damages for complying in good
174 faith with the request and is presumed to have acted in good
175 faith in recording, reporting, transmitting, displaying, or
176 releasing Silver Alert or Purple Alert information pertaining to
177 the missing adult.
178 (d) The presumption of good faith is not overcome if a
179 technical or clerical error is made by any agency, employee,
180 individual, or entity acting at the request of the local law
181 enforcement agency having jurisdiction, or if the Amber Alert,
182 Missing Child Alert, missing child information, missing adult
183 information, or Silver Alert or Purple Alert information is
184 incomplete or incorrect because the information received from
185 the local law enforcement agency was incomplete or incorrect.
186 (e) Neither this subsection nor any other provision of law
187 creates a duty of the agency, employee, individual, or entity to
188 record, report, transmit, display, or release the Amber Alert,
189 Missing Child Alert, missing child information, missing adult
190 information, or Silver Alert or Purple Alert information
191 received from the local law enforcement agency having
192 jurisdiction. The decision to record, report, transmit, display,
193 or release information is discretionary with the agency,
194 employee, individual, or entity receiving the information.
195 Section 5. Paragraph (b) of subsection (3) of section
196 937.022, Florida Statutes, is amended to read:
197 937.022 Missing Endangered Persons Information
198 Clearinghouse.—
199 (3) The clearinghouse shall:
200 (b) Provide a centralized file for the exchange of
201 information on missing endangered persons.
202 1. Every state, county, or municipal law enforcement agency
203 shall submit to the clearinghouse information concerning missing
204 endangered persons.
205 2. Any person having knowledge may submit a missing
206 endangered person report to the clearinghouse concerning a child
207 or adult younger than 26 years of age whose whereabouts is
208 unknown, regardless of the circumstances, subsequent to
209 reporting such child or adult missing to the appropriate law
210 enforcement agency within the county in which the child or adult
211 became missing, and subsequent to entry by the law enforcement
212 agency of the child or person into the Florida Crime Information
213 Center and the National Crime Information Center databases. The
214 missing endangered person report shall be included in the
215 clearinghouse database.
216 3. Only the law enforcement agency having jurisdiction over
217 the case may submit a missing endangered person report to the
218 clearinghouse involving a missing adult age 26 years or older
219 who is suspected by a law enforcement agency of being endangered
220 or the victim of criminal activity.
221 4. Only the law enforcement agency having jurisdiction over
222 the case may make a request to the clearinghouse for the
223 activation of a state Silver Alert or a Purple Alert involving a
224 missing adult if circumstances regarding the disappearance have
225 met the criteria for activation of the Silver Alert Plan or the
226 Purple Alert.
227 Section 6. Paragraph (d) of subsection (6) and subsection
228 (9) of section 429.918, Florida Statutes, are amended to read:
229 429.918 Licensure designation as a specialized Alzheimer’s
230 services adult day care center.—
231 (6)
232 (d) Each employee hired on or after July 1, 2012, who
233 provides direct care to ADRD participants, must receive and
234 review an orientation plan that includes, at a minimum:
235 1. Procedures to locate an ADRD participant who has
236 wandered from the center. These procedures shall be reviewed
237 regularly with all direct care staff.
238 2. Information on the Silver Alert program and the Purple
239 Alert in this state.
240 3. Information regarding available products or programs
241 used to identify ADRD participants or prevent them from
242 wandering away from the center, their home, or other locations.
243 (9) An adult day care center having a license designated
244 under this section must give to each person who enrolls as an
245 ADRD participant in the center, or the caregiver, a copy of the
246 ADRD participant’s plan of care, as well as information
247 regarding resources to assist in ensuring the safety and
248 security of the ADRD participant, which must include, but need
249 not be limited to, information pertaining to driving for those
250 persons affected by dementia, available technology on wandering
251 prevention devices and identification devices, the Silver Alert
252 program and the Purple Alert in this state, and dementia
253 specific safety interventions and strategies that can be used in
254 the home setting.
255 Section 7. Effective July 1, 2020, for the 2020-2021 fiscal
256 year, the sums of $152,836 in recurring funds and $170,000 in
257 nonrecurring funds are appropriated from the General Revenue
258 Fund to the Department of Law Enforcement, and three full-time
259 equivalent positions with an associated salary rate of 83,779
260 are authorized, for the purpose of implementing this act.
261 Section 8. Except as otherwise expressly provided in this
262 act and except for this section, which shall take effect July 1,
263 2020, this act shall take effect July 1, 2021.
