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         937.0205Purple 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.