Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 2864
                        Barcode 345744
                            CHAMBER ACTION
              Senate                               House
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       04/10/2007 04:49 PM         .                    
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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
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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