Senate Bill sb2864c1

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    Florida Senate - 2007                           CS for SB 2864

    By the Committee on Criminal Justice; and Senator Constantine





    591-2358-07

  1                      A bill to be entitled

  2         An act relating to missing persons; amending s.

  3         937.021, F.S.; requiring law enforcement

  4         agencies to process reports of missing persons

  5         under the age of 26 in a manner similar to that

  6         of missing child reports; providing immunity

  7         from civil liability for certain persons

  8         involving such reports; requiring that certain

  9         acts be undertaken by a law enforcement agency

10         after such persons have been missing more than

11         90 days; amending s. 937.022, F.S.; requiring

12         the Missing Children Information Clearinghouse

13         to collect and process information regarding

14         missing persons under the age of 26; providing

15         a definition; requiring the Department of Law

16         Enforcement to create within the Missing

17         Children Information Clearinghouse a database

18         of unidentified deceased persons; providing an

19         effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Section 937.021, Florida Statutes, is

24  amended to read:

25         937.021  Missing child reports.--

26         (1)  Upon the filing of a police report that a child is

27  missing by the parent or guardian, the law enforcement agency

28  receiving the report shall immediately inform all on-duty law

29  enforcement officers of the existence of the missing child

30  report, communicate the report to every other law enforcement

31  agency having jurisdiction in the county, and transmit the

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1  report for inclusion within the Florida Crime Information

 2  Center computer within 2 hours.

 3         (2)  Upon filing a police report that a person under

 4  the age of 26 is missing by the parent, guardian, legal

 5  custodian, spouse, significant other, or consanguineous

 6  relation, the law enforcement agency receiving the report

 7  shall transmit the report for entry into the Florida and

 8  National Crime Information Center computers within 2 hours

 9  after the agency receives the missing person information.

10         (3)(2)  A police report that a child or person under

11  the age of 26 is missing shall may be filed with the law

12  enforcement agency having jurisdiction in the county or

13  municipality in which the child or person was last seen prior

14  to the filing of the report, without regard to whether the

15  child or person resides in or has any significant contacts

16  with that county or municipality. The filing of such a report

17  shall impose the duties specified in subsections subsection

18  (1) and (2) upon that law enforcement agency.

19         (4)(3)(a)  Upon receiving a request to record, report,

20  transmit, display, or release Amber Alert or Missing Child

21  Alert information from the law enforcement agency having

22  jurisdiction over the missing or endangered child, the

23  Department of Law Enforcement as the state Amber Alert

24  coordinator; any state or local law enforcement agency and the

25  personnel of these agencies; any radio or television network,

26  broadcaster, or other media representative; any dealer of

27  communications services as defined in s. 202.11; or any

28  agency, employee, individual, or entity is immune from civil

29  liability for damages for complying in good faith with the

30  request and is presumed to have acted in good faith in

31  recording, reporting, transmitting, displaying, or releasing

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1  Amber Alert or Missing Child Alert information pertaining to

 2  such child.

 3         (b)  Upon receiving a request to record, report,

 4  transmit, display, or release information and photographs

 5  pertaining to a missing person under the age of 26 from the

 6  law enforcement agency having jurisdiction over the missing or

 7  endangered person, the Department of Law Enforcement; any

 8  state or local law enforcement agency and the personnel of

 9  these agencies; any radio or television network, broadcaster,

10  or other media representative; any dealer of communications

11  services as defined in s. 202.11; or any agency, employee,

12  individual, or entity is immune from civil liability for

13  damages for complying in good faith with the request and is

14  presumed to have acted in good faith in recording, reporting,

15  transmitting, displaying, or releasing information or

16  photographs pertaining to such person.

17         (c)(b)  The presumption of good faith is not overcome

18  if a technical or clerical error is made by any such agency,

19  employee, individual, or entity acting at the request of the

20  local law enforcement agency having jurisdiction or if the

21  Amber Alert or Missing Child Alert information is incomplete

22  or incorrect because the information received from the local

23  law enforcement agency was incomplete or incorrect.

24         (d)(c)  Neither this subsection nor any other provision

25  of law creates a duty of the agency, employee, individual, or

26  entity to record, report, transmit, display, or release the

27  Amber Alert or Missing Child Alert information received from

28  the local law enforcement agency having jurisdiction. The

29  decision to record, report, transmit, display, or release

30  information is discretionary with the agency, employee,

31  

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1  individual, or entity receiving that information from the

 2  local law enforcement agency having jurisdiction.

 3         (5)(a)  If a person under the age of 26 has been

 4  missing for more than 90 days, the law enforcement agency

 5  having jurisdiction of the case shall, with the consent of the

 6  biological next of kin, obtain the following information:

 7         1.  Biological samples suitable for DNA analysis, if

 8  available.

 9         2.  Appropriate consent forms necessary to access the

10  Combined DNA Indexing System (CODIS) which includes local,

11  state, and national DNA databases.

12         (b)  If a person under the age of 26 has been missing

13  for more than 90 days, the law enforcement agency having

14  jurisdiction of the case shall obtain secondary samples

15  belonging to the missing person, when available.

16         (c)  The law enforcement agency shall send appropriate

17  biological samples and materials obtained to the Department of

18  Law Enforcement. The department shall coordinate with

19  appropriate agencies following established procedures to

20  complete DNA analysis of the samples and upload appropriate

21  DNA profiles to CODIS.

22         (d)  This subsection does not preclude a law

23  enforcement agency from attempting to obtain information or

24  biological samples before the expiration of the 90-day period.

25         Section 2.  Section 937.022, Florida Statutes, is

26  amended to read:

27         937.022  Missing Children Information Clearinghouse.--

28         (1)  There is created a Missing Children Information

29  Clearinghouse within the Department of Law Enforcement.  The

30  clearinghouse is established as a central repository of

31  information regarding missing children.  Such information

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1  shall be collected and disseminated to assist in the location

 2  of missing children and persons under the age of 26.

 3         (2)  The clearinghouse shall be supervised by a

 4  director who shall be employed upon the recommendation of the

 5  executive director.  The executive director shall establish

 6  services deemed appropriate by the department to aid in the

 7  location of missing children and persons under the age of 26.

 8         (3)  The clearinghouse shall:

 9         (a)  Establish a system of intrastate communication of

10  information relating to children determined to be missing by

11  their parents, guardians, or legal custodians or by law

12  enforcement agencies.

13         (b)  Provide a centralized file for the exchange of

14  information on missing children and persons under the age of

15  26 within the state.

16         1.  Every state, county, or municipal law enforcement

17  agency shall submit to the clearinghouse information received

18  by it pursuant to s. 937.021.

19         2.  Any parent, guardian, or legal custodian, spouse,

20  significant other, or consanguineous relation may submit a

21  missing person child report to the clearinghouse about a child

22  or person 26 years of age or younger whose whereabouts is

23  unknown, regardless of the circumstances, subsequent to

24  reporting such child missing person to the appropriate law

25  enforcement agency. The within the county in which the child

26  became missing, which missing person child report shall be

27  included in the clearinghouse database.

28         (c)  Interface with the National Crime Information

29  Center for the exchange of information on children suspected

30  of interstate travel.

31  

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1         (d)  Collect, process, maintain, and disseminate

 2  information on missing children and persons under the age of

 3  26 and strive to maintain or disseminate only accurate and

 4  complete information.

 5         (4)  The parent, guardian, or legal custodian or

 6  reporter who is responsible for notifying the clearinghouse or

 7  a law enforcement agency about a missing child or person under

 8  the age of 26 shall immediately notify the clearinghouse or

 9  the agency of any child or missing person whose location has

10  been determined.

11         (5)  Information received pursuant to s. 937.021 about

12  a missing child or person under the age of 26, which

13  information has been included in the clearinghouse database,

14  shall be purged by the appropriate law enforcement agency

15  immediately upon location of such child.

16         (6)  As used in this section, the term:

17         (a)  "Missing child" means a person who is under the

18  age of 18 years; whose temporary or permanent residence is in,

19  or is believed to be in, this state; whose location has not

20  been determined; and who has been reported as missing to a law

21  enforcement agency.

22         (b)  "Missing person" means a person under the age of

23  26 who has been reported as missing to a local law enforcement

24  agency. Missing persons who are age 26 or older do not come

25  under the authority of the Missing Children Information

26  Clearinghouse.

27         (c)(b)  "Missing child report" or "missing person

28  report" means a report prepared on a form designed by the

29  Department of Law Enforcement for the use by private citizens

30  and law enforcement agencies to report information about

31  

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    Florida Senate - 2007                           CS for SB 2864
    591-2358-07




 1  missing children or missing persons under the age of 26 to the

 2  Missing Children Information Clearinghouse.

 3         Section 3.  The Department of Law Enforcement shall

 4  create within the Missing Children Information Clearinghouse a

 5  database containing appropriate forensic photos and other

 6  information on unidentified deceased persons. The information

 7  shall be provided to the Department of Law Enforcement by

 8  medical examiners and law enforcement agencies having

 9  information pertaining to unidentified persons as specified in

10  section 406.145, Florida Statutes, and compiled in a database

11  that is searchable and available to the public via the

12  Internet.

13         Section 4.  This act shall take effect July 1, 2007.

14  

15          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
16                         Senate Bill 2864

17                                 

18  -    Removes special requirements for investigating law
         enforcement agencies to obtain evidence and disseminate
19       information concerning missing persons of all ages, and
         providing requirement for addressing missing persons
20       under the age of 26.

21  -    Includes persons under the age of 26 within FDLE's
         Missing Children Information Clearinghouse, which
22       currently applies only to children under 18 years old.

23  -    Removes designation of categories of missing persons as
         "high-risk missing persons."
24  
    -    Replaces requirement for certain actions to be taken by
25       law enforcement investigators and medical examiners with
         regard to identification of human remains with creation
26       of an Internet-searchable database of information
         relating to unidentified deceased persons.
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30  

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