Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
CHAMBER ACTION
Senate House
.
.
1 Comm: RCS .
04/10/2007 04:49 PM .
2 .
.
3 .
.
4 ______________________________________________________________
5
6
7
8
9
10 ______________________________________________________________
11 The Committee on Criminal Justice (King) recommended the
12 following amendment:
13
14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
16
17 and insert:
18 Section 1. Section 937.021, Florida Statutes, is
19 amended to read:
20 937.021 Missing child reports.--
21 (1) Upon the filing of a police report that a child is
22 missing by the parent or guardian, the law enforcement agency
23 receiving the report shall immediately inform all on-duty law
24 enforcement officers of the existence of the missing child
25 report, communicate the report to every other law enforcement
26 agency having jurisdiction in the county, and transmit the
27 report for inclusion within the Florida Crime Information
28 Center computer within 2 hours.
29 (2) Upon filing a police report that a person under
30 the age of 26 is missing, the law enforcement agency receiving
31 the report shall transmit the report for entry into the
1
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 Florida and National Crime Information Center computers within
2 2 hours after the agency receives the missing person
3 information.
4 (3)(2) A police report that a child or person under
5 the age of 26 is missing shall may be filed with the law
6 enforcement agency having jurisdiction in the county or
7 municipality in which the child or person was last seen prior
8 to the filing of the report, without regard to whether the
9 child or person resides in or has any significant contacts
10 with that county or municipality. The filing of such a report
11 shall impose the duties specified in subsections subsection
12 (1) and (2) upon that law enforcement agency.
13 (4)(3)(a) Upon receiving a request to record, report,
14 transmit, display, or release Amber Alert or Missing Child
15 Alert information from the law enforcement agency having
16 jurisdiction over the missing or endangered child, the
17 Department of Law Enforcement as the state Amber Alert
18 coordinator; any state or local law enforcement agency and the
19 personnel of these agencies; any radio or television network,
20 broadcaster, or other media representative; any dealer of
21 communications services as defined in s. 202.11; or any
22 agency, employee, individual, or entity is immune from civil
23 liability for damages for complying in good faith with the
24 request and is presumed to have acted in good faith in
25 recording, reporting, transmitting, displaying, or releasing
26 Amber Alert or Missing Child Alert information pertaining to
27 such child.
28 (b) Upon receiving a request to record, report,
29 transmit, display, or release information and photographs
30 pertaining to a missing person under the age of 26 from the
31 law enforcement agency having jurisdiction over the missing or
2
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 endangered person, the Department of Law Enforcement; any
2 state or local law enforcement agency and the personnel of
3 these agencies; any radio or television network, broadcaster,
4 or other media representative; any dealer of communications
5 services as defined in s. 202.11; or any agency, employee,
6 individual, or entity is immune from civil liability for
7 damages for complying in good faith with the request and is
8 presumed to have acted in good faith in recording, reporting,
9 transmitting, displaying, or releasing information or
10 photographs pertaining to such person.
11 (c)(b) The presumption of good faith is not overcome
12 if a technical or clerical error is made by any such agency,
13 employee, individual, or entity acting at the request of the
14 local law enforcement agency having jurisdiction or if the
15 Amber Alert or Missing Child Alert information is incomplete
16 or incorrect because the information received from the local
17 law enforcement agency was incomplete or incorrect.
18 (d)(c) Neither this subsection nor any other provision
19 of law creates a duty of the agency, employee, individual, or
20 entity to record, report, transmit, display, or release the
21 Amber Alert or Missing Child Alert information received from
22 the local law enforcement agency having jurisdiction. The
23 decision to record, report, transmit, display, or release
24 information is discretionary with the agency, employee,
25 individual, or entity receiving that information from the
26 local law enforcement agency having jurisdiction.
27 (5)(a) If a person under the age of 26 has been
28 missing for more than 90 days, the law enforcement agency
29 having jurisdiction of the case shall, with the consent of the
30 biological next of kin, obtain the following information:
31 1. Biological samples suitable for DNA analysis, if
3
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 available.
2 2. Appropriate consent forms necessary to access the
3 Combined DNA Indexing System (CODIS) which includes local,
4 state, and national DNA databases.
5 (b) If a person under the age of 26 has been missing
6 for more than 90 days, the law enforcement agency having
7 jurisdiction of the case shall obtain secondary samples
8 belonging to the missing person, when available.
9 (c) The law enforcement agency shall send appropriate
10 biological samples and materials obtained to the Department of
11 Law Enforcement. The department shall coordinate with
12 appropriate agencies following established procedures to
13 complete DNA analysis of the samples and upload appropriate
14 DNA profiles to CODIS.
15 (d) This subsection does not preclude a law
16 enforcement agency from attempting to obtain information or
17 biological samples before the expiration of the 90-day period.
18 Section 2. Section 937.022, Florida Statutes, is
19 amended to read:
20 937.022 Missing Children Information Clearinghouse.--
21 (1) There is created a Missing Children Information
22 Clearinghouse within the Department of Law Enforcement. The
23 clearinghouse is established as a central repository of
24 information regarding missing children. Such information
25 shall be collected and disseminated to assist in the location
26 of missing children and persons under the age of 26.
27 (2) The clearinghouse shall be supervised by a
28 director who shall be employed upon the recommendation of the
29 executive director. The executive director shall establish
30 services deemed appropriate by the department to aid in the
31 location of missing children and persons under the age of 26.
4
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 (3) The clearinghouse shall:
2 (a) Establish a system of intrastate communication of
3 information relating to children determined to be missing by
4 their parents, guardians, or legal custodians or by law
5 enforcement agencies.
6 (b) Provide a centralized file for the exchange of
7 information on missing children and persons under the age of
8 26 within the state.
9 1. Every state, county, or municipal law enforcement
10 agency shall submit to the clearinghouse information received
11 by it pursuant to s. 937.021.
12 2. Any parent, guardian, or legal custodian may submit
13 a missing child report to the clearinghouse about a child
14 whose whereabouts is unknown, regardless of the circumstances,
15 subsequent to reporting such child missing to the appropriate
16 law enforcement agency within the county in which the child
17 became missing, which missing child report shall be included
18 in the clearinghouse database.
19 (c) Interface with the National Crime Information
20 Center for the exchange of information on children suspected
21 of interstate travel.
22 (d) Collect, process, maintain, and disseminate
23 information on missing children and persons under the age of
24 26 and strive to maintain or disseminate only accurate and
25 complete information.
26 (4) The parent, guardian, or legal custodian or
27 reporter who is responsible for notifying the clearinghouse or
28 a law enforcement agency about a missing child or person under
29 the age of 26 shall immediately notify the clearinghouse or
30 the agency of any child or missing person whose location has
31 been determined.
5
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 (5) Information received pursuant to s. 937.021 about
2 a missing child or person under the age of 26, which
3 information has been included in the clearinghouse database,
4 shall be purged by the appropriate law enforcement agency
5 immediately upon location of such child.
6 (6) As used in this section, the term:
7 (a) "Missing child" means a person who is under the
8 age of 18 years; whose temporary or permanent residence is in,
9 or is believed to be in, this state; whose location has not
10 been determined; and who has been reported as missing to a law
11 enforcement agency.
12 (b) "Missing person" means a person under the age of
13 26 who has been reported as missing to a local law enforcement
14 agency. Missing persons who are age 26 or older do not come
15 under the authority of the Missing Children Information
16 Clearinghouse.
17 (c)(b) "Missing child report" or "missing person
18 report" means a report prepared on a form designed by the
19 Department of Law Enforcement for the use by private citizens
20 and law enforcement agencies to report information about
21 missing children or missing persons under the age of 26 to the
22 Missing Children Information Clearinghouse.
23 Section 3. The Department of Law Enforcement shall
24 create within the Missing Children Information Clearinghouse a
25 database containing appropriate forensic photos and other
26 information on unidentified deceased persons. The information
27 shall be provided to the Department of Law Enforcement by
28 medical examiners and law enforcement agencies having
29 information pertaining to unidentified persons as specified in
30 section 406.145, Florida Statutes, and compiled in a database
31 that is searchable and available to the public via the
6
9:14 AM 04/09/07 s2864d-cj08-r5b
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 2864
Barcode 345744
1 Internet.
2 Section 4. This act shall take effect July 1, 2007.
3
4
5 ================ T I T L E A M E N D M E N T ===============
6 And the title is amended as follows:
7 Delete everything before the enacting clause
8
9 and insert:
10 A bill to be entitled
11 An act relating to missing persons; amending s.
12 937.021, F.S.; requiring law enforcement
13 agencies to process reports of missing persons
14 under the age of 26 in a manner similar to that
15 of missing child reports; providing immunity
16 from civil liability for certain persons
17 involving such reports; requiring that certain
18 acts be undertaken by a law enforcement agency
19 after such persons have been missing more than
20 90 days; amending s. 937.022, F.S.; requiring
21 the Missing Children Information Clearinghouse
22 to collect and process information regarding
23 missing persons under the age of 26; providing
24 a definition; requiring the Department of Law
25 Enforcement to create within the Missing
26 Children Information Clearinghouse a database
27 of unidentified deceased persons; providing an
28 effective date.
29
30
31
7
9:14 AM 04/09/07 s2864d-cj08-r5b