HB 223

1
A bill to be entitled
2An act relating to missing persons; amending s. 937.021,
3F.S.; requiring law enforcement agencies to adopt written
4policies and procedures to be used when investigating
5missing person reports; requiring law enforcement agencies
6to submit information to specified databases; providing
7immunity from civil liability for certain persons
8involving such reports; requiring that a law enforcement
9agency attempt to obtain a DNA sample after a person has
10been missing more than 90 days and requiring the
11Department of Law Enforcement to adopt rules establishing
12procedures for such DNA sampling and analysis, contingent
13on appropriation of federal funds; amending s. 937.022,
14F.S.; renaming the Missing Children Information
15Clearinghouse the "Missing Persons and Children
16Information Clearinghouse"; requiring the clearinghouse to
17collect and process information regarding missing
18children, missing persons younger than 26 years of age,
19and missing persons suspected by a law enforcement agency
20of being in danger or victims of criminal activity;
21providing definitions; providing an effective date.
22
23Be It Enacted by the Legislature of the State of Florida:
24
25     Section 1.  Section 937.021, Florida Statutes, is amended
26to read:
27     937.021  Missing child or missing person reports.--
28     (1)  Law enforcement agencies in this state shall adopt
29written policies that specify the procedures to be used to
30investigate reports of missing persons. The policies adopted
31must ensure that cases involving reported missing persons,
32including cases involving minor children, are investigated
33promptly using appropriate resources. The adopted policies must
34include:
35     (a)  Requirements for accepting missing person reports;
36     (b)  Procedures for initiating, maintaining, closing, or
37referring a missing person investigation; and
38     (c)  Standards for maintaining and clearing computer data
39of missing person information that is stored in the Florida
40Crime Information Center and the National Crime Information
41Center. The standards shall require, at a minimum, a monthly
42review of each case and a determination of whether the case
43should be maintained in the database.
44     (2)(1)  Upon the filing of a credible police report that a
45child is missing by the parent or guardian, the law enforcement
46agency receiving the report shall immediately inform all on-duty
47law enforcement officers of the existence of the missing child
48report, communicate the report to every other law enforcement
49agency having jurisdiction in the county, and within 2 hours
50transmit the information report for inclusion within the Florida
51Crime Information Center and the National Crime Information
52Center databases computer.
53     (3)  A law enforcement agency may not adopt a policy
54requiring the removal of a missing child or missing person entry
55from the Florida Crime Information Center or the National Crime
56Information Center databases based solely on the age of the
57missing person.
58     (4)(2)  If a law enforcement agency has a reasonable belief
59that a person is missing, a police report that a child is
60missing may be filed with the law enforcement agency having
61jurisdiction in the county or municipality in which the person
62child was last seen shall be accepted by that agency prior to
63the filing of the report, without regard to whether the child
64resides in or has any significant contacts with that county or
65municipality. The filing and acceptance of such a report imposes
66shall impose the duties specified in this section subsection (1)
67upon the that law enforcement agency receiving the missing
68person report. This subsection does not preclude a law
69enforcement agency from filing or accepting a missing person
70report when agency jurisdiction cannot be determined.
71     (5)  If an adult files a credible police report that an
72adult person is missing, the law enforcement agency receiving
73the report must, within 2 hours after receiving the missing
74person information, transmit the information for entry into the
75Florida Crime Information Center and the National Crime
76Information Center databases.
77     (6)(3)(a)  Upon receiving a request to record, report,
78transmit, display, or release Amber Alert or Missing Child Alert
79information from the law enforcement agency having jurisdiction
80over the missing or endangered child younger than 18 years of
81age, the Department of Law Enforcement as the state Amber Alert
82coordinator; any state or local law enforcement agency and the
83personnel of these agencies; any radio or television network,
84broadcaster, or other media representative; any dealer of
85communications services as defined in s. 202.11; or any agency,
86employee, individual, or entity is immune from civil liability
87for damages for complying in good faith with the request and is
88presumed to have acted in good faith in recording, reporting,
89transmitting, displaying, or releasing Amber Alert or Missing
90Child Alert information pertaining to such child.
91     (b)  After receiving a request to record, report, transmit,
92display, or release information and photographs pertaining to a
93missing person from the law enforcement agency having
94jurisdiction over the missing person, the Department of Law
95Enforcement; a state or local law enforcement agency and the
96personnel of these agencies; any radio or television network,
97broadcaster, or other media representative; any dealer of
98communications services as defined in s. 202.11; or any agency,
99employee, individual, or person is immune from civil liability
100for damages for complying in good faith with the request to
101provide information and is presumed to have acted in good faith
102in recording, reporting, transmitting, displaying, or releasing
103information or photographs pertaining to the missing person.
104     (c)(b)  The presumption of good faith is not overcome if a
105technical or clerical error is made by any such agency,
106employee, individual, or entity acting at the request of the
107local law enforcement agency having jurisdiction or if the Amber
108Alert, or Missing Child Alert, or missing person information is
109incomplete or incorrect because the information received from
110the local law enforcement agency was incomplete or incorrect.
111     (d)(c)  Neither this subsection nor any other provision of
112law creates a duty of the agency, employee, individual, or
113entity to record, report, transmit, display, or release the
114Amber Alert, or Missing Child Alert, or other missing person
115information received from the local law enforcement agency
116having jurisdiction. The decision to record, report, transmit,
117display, or release information is discretionary with the
118agency, employee, individual, or entity receiving that
119information from the local law enforcement agency having
120jurisdiction.
121     (7)  If a person who has been reported as missing has not
122been located within 90 days after the missing person report is
123filed, the law enforcement agency that accepted the missing
124person report shall attempt to obtain a biological specimen
125approved by the Department of Law Enforcement for DNA analysis
126from the missing person or from appropriate family members of
127the missing person in addition to any documentation necessary to
128enable the agency to use the specimens in conducting searches of
129DNA databases.
130     (8)  The Department of Law Enforcement shall adopt rules
131establishing procedures for:
132     (a)  The submission of biological specimens approved by the
133department for DNA analysis in a missing person case.
134     (b)  The forwarding of approved biological specimens by law
135enforcement agencies for DNA analysis in a missing person case.
136     (9)  Subsections (7) and (8) are contingent upon the
137availability of an appropriation of federal funds for the
138submission and processing of approved biological specimens for
139DNA analysis.
140     (10)  Subsection (7) does not prevent a law enforcement
141agency from attempting to obtain information or approved
142biological specimens for DNA analysis before the expiration of
143the 90-day period.
144     Section 2.  Section 937.022, Florida Statutes, is amended
145to read:
146     937.022  Missing Persons and Children Information
147Clearinghouse.--
148     (1)  There is created a Missing Persons and Children
149Information Clearinghouse within the Department of Law
150Enforcement. The clearinghouse is established as a central
151repository of information regarding missing children and certain
152missing persons. Such information shall be collected and
153disseminated to assist in the location of missing children,
154missing persons younger than 26 years of age, or missing persons
155suspected by a law enforcement agency of being endangered or the
156victim of criminal activity.
157     (2)  The clearinghouse shall be supervised by a director
158who shall be employed upon the recommendation of the executive
159director. The executive director shall establish services deemed
160appropriate by the department to aid in the location of missing
161children, missing persons younger than 26 years of age, or
162missing persons suspected by a law enforcement agency of being
163endangered or the victim of criminal activity.
164     (3)  The clearinghouse shall:
165     (a)  Establish a system of intrastate communication of
166information relating to missing children, missing persons
167younger than 26 years of age, or missing persons suspected by a
168law enforcement agency of being endangered or the victim of
169criminal activity determined to be missing by their parents,
170guardians, or legal custodians or by law enforcement agencies.
171     (b)  Provide a centralized file for the exchange of
172information concerning on missing children, missing persons
173younger than 26 years of age, or missing persons suspected by a
174law enforcement agency of being endangered or the victim of
175criminal activity within the state.
176     1.  Every state, county, or municipal law enforcement
177agency shall submit to the clearinghouse information concerning
178persons who meet the criteria set forth in this section received
179by it pursuant to s. 937.021.
180     2.  Any person having knowledge parent, guardian, or legal
181custodian may submit a missing person child report to the
182clearinghouse concerning about a person younger than 26 years of
183age child whose whereabouts is unknown, regardless of the
184circumstances, subsequent to reporting such person child missing
185to the appropriate law enforcement agency within the county in
186which the person child became missing and subsequent to the law
187enforcement agency entering the person into the Florida Crime
188Information Center and the National Crime Information Center.
189The, which missing person child report shall be included in the
190clearinghouse database.
191     (c)  Interface with the National Crime Information Center
192for the exchange of information on children suspected of
193interstate travel.
194     (c)(d)  Collect, process, maintain, and disseminate
195information concerning on missing children and strive to
196maintain or disseminate only accurate and complete information.
197     (4)  Requests to the Missing Persons and Children
198Information Clearinghouse to accept reports of missing persons
199who are 26 years of age or older and who are suspected by a law
200enforcement agency of being endangered or the victim of criminal
201activity must be made by the law enforcement agency having
202jurisdiction.
203     (5)(4)  The parent, guardian, or legal custodian, or other
204person who is responsible for notifying the clearinghouse or a
205law enforcement agency about a missing child or missing person
206shall immediately notify the clearinghouse or the agency of any
207missing child or missing person whose location has been
208determined.
209     (6)(5)  Information received pursuant to s. 937.021 about a
210missing person or child, which information has been included in
211the clearinghouse database and in the Florida Crime Information
212Center and the National Crime Information Center databases,
213shall be purged by the appropriate law enforcement agency and
214the clearinghouse shall be notified immediately upon location of
215the person such child.
216     (7)(6)  As used in this section, the term:
217     (a)  "Missing child" means a person who is younger than
218under the age of 18 years of age; whose temporary or permanent
219residence is in, or is believed to be in, this state; whose
220location has not been determined; and who has been reported as
221missing to a law enforcement agency.
222     (b)  "Missing child or missing person report" means a
223report prepared on a form designed by the Department of Law
224Enforcement for the use by the public private citizens and law
225enforcement agencies in reporting to the Missing Persons and
226Children Information Clearinghouse to report information about
227missing children, missing persons who were younger than 26 years
228of age at the time they were reported missing, or missing
229persons 26 or older who are suspected by the law enforcement
230agency having jurisdiction of being endangered or the victim of
231criminal activity to the Missing Children Information
232Clearinghouse.
233     (c)  "Missing person" means a person who has been reported
234as missing to a local law enforcement agency under this section.
235     Section 3.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.