CS/HB 223

1
A bill to be entitled
2An act relating to missing persons; creating s. 937.0201,
3F.S.; providing definitions; amending s. 937.021, F.S.;
4requiring law enforcement agencies to adopt written
5policies and procedures to be used when investigating
6missing children and missing adult reports; providing that
7an entry concerning a missing child or missing adult may
8not be removed from specified databases based solely on
9the age of the missing child or missing adult; requiring
10the law enforcement agency having jurisdiction to accept
11and file the report; providing a timeframe for
12transmitting the report to state and national databases;
13providing immunity from civil liability for certain
14persons providing information in good faith; requiring
15that a law enforcement agency obtain a DNA sample after a
16child or adult has been missing for more than 90 days;
17authorizing the Department of Law Enforcement to adopt
18rules; providing that specified provisions relating to DNA
19analysis are contingent upon the availability of federal
20funding; amending s. 937.022, F.S.; renaming the Missing
21Children Information Clearinghouse as the "Missing
22Endangered Persons Information Clearinghouse"; revising
23provisions to conform; requiring the state and national
24databases to be purged of information about a person who
25has been located; providing an effective date.
26
27Be It Enacted by the Legislature of the State of Florida:
28
29     Section 1.  Section 937.0201, Florida Statutes, is created
30to read:
31     937.0201  Definitions.--As used in this chapter, the term:
32     (1)  "Department" means the Department of Law Enforcement.
33     (2)  "Missing adult" means a person 18 years of age or
34older whose temporary or permanent residence is in, or is
35believed to be in, this state, whose location has not been
36determined, and who has been reported as missing to a law
37enforcement agency.
38     (3)  "Missing child" means a person younger than 18 years
39of age whose temporary or permanent residence is in, or is
40believed to be in, this state, whose location has not been
41determined, and who has been reported as missing to a law
42enforcement agency.
43     (4)  "Missing endangered person" means:
44     (a)  A missing child;
45     (b)  A missing adult younger than 26 years of age; or
46     (c)  A missing adult 26 years of age or older who is
47suspected by a law enforcement agency of being endangered or the
48victim of criminal activity.
49     (5)  "Missing endangered person report" means a report
50prepared on a form prescribed by the department by rule for use
51by the public and law enforcement agencies in reporting
52information to the Missing Endangered Persons Information
53Clearinghouse about a missing endangered person.
54     Section 2.  Section 937.021, Florida Statutes, is amended
55to read:
56     937.021  Missing child and missing adult reports.--
57     (1)  Law enforcement agencies in this state shall adopt
58written policies that specify the procedures to be used to
59investigate reports of missing children and missing adults. The
60policies must ensure that cases involving missing children and
61adults are investigated promptly using appropriate resources.
62The policies must include the following:
63     (a)  Requirements for accepting missing child and missing
64adult reports.
65     (b)  Procedures for initiating, maintaining, closing, or
66referring a missing child or missing adult investigation.
67     (c)  Standards for maintaining and clearing computer data
68of information concerning a missing child and missing adult that
69is stored in the Florida Crime Information Center and the
70National Crime Information Center. The standards must require,
71at a minimum, a monthly review of each case and a determination
72of whether the case should be maintained in the database.
73     (2)  An entry concerning a missing child or missing adult
74may not be removed from the Florida Crime Information Center or
75the National Crime Information Center databases based solely on
76the age of the missing child or missing adult.
77     (3)  A report that a child or adult is missing must be
78accepted by and filed with the law enforcement agency having
79jurisdiction in the county or municipality in which the child or
80adult was last seen. The filing and acceptance of the report
81imposes the duties specified in this section upon the law
82enforcement agency receiving the report. This subsection does
83not preclude a law enforcement agency from accepting a missing
84child or missing adult report when agency jurisdiction cannot be
85determined.
86     (4)(a)(1)  Upon the filing of a police report that a child
87is missing by the parent or guardian, the law enforcement agency
88receiving the report shall immediately inform all on-duty law
89enforcement officers of the existence of the missing child
90report, communicate the report to every other law enforcement
91agency having jurisdiction in the county, and within 2 hours
92after receipt of the report, transmit the report for inclusion
93within the Florida Crime Information Center and the National
94Crime Information Center databases computer.
95     (b)  Upon the filing of a credible police report that an
96adult is missing, the law enforcement agency receiving the
97report shall, within 2 hours after receipt of the report,
98transmit the report for inclusion within the Florida Crime
99Information Center and the National Crime Information Center
100databases.
101     (2)  A police report that a child is missing may be filed
102with the law enforcement agency having jurisdiction in the
103county or municipality in which the child was last seen prior to
104the filing of the report, without regard to whether the child
105resides in or has any significant contacts with that county or
106municipality. The filing of such a report shall impose the
107duties specified in subsection (1) upon that law enforcement
108agency.
109     (5)(3)(a)  Upon receiving a request to record, report,
110transmit, display, or release Amber Alert or Missing Child Alert
111information from the law enforcement agency having jurisdiction
112over the missing or endangered child, the department of Law
113Enforcement as the state Amber Alert coordinator,; any state or
114local law enforcement agency, and the personnel of these
115agencies; any radio or television network, broadcaster, or other
116media representative; any dealer of communications services as
117defined in s. 202.11; or any agency, employee, individual, or
118entity is immune from civil liability for damages for complying
119in good faith with the request and is presumed to have acted in
120good faith in recording, reporting, transmitting, displaying, or
121releasing Amber Alert or Missing Child Alert information
122pertaining to such child.
123     (b)  Upon receiving a request to record, report, transmit,
124display, or release information and photographs pertaining to a
125missing adult from the law enforcement agency having
126jurisdiction over the missing adult, the department, a state or
127local law enforcement agency, and the personnel of these
128agencies; any radio or television network, broadcaster, or other
129media representative; any dealer of communications services as
130defined in s. 202.11; or any agency, employee, individual, or
131person is immune from civil liability for damages for complying
132in good faith with the request to provide information and is
133presumed to have acted in good faith in recording, reporting,
134transmitting, displaying, or releasing information or
135photographs pertaining to the missing adult.
136     (c)(b)  The presumption of good faith is not overcome if a
137technical or clerical error is made by any such agency,
138employee, individual, or entity acting at the request of the
139local law enforcement agency having jurisdiction, or if the
140Amber Alert, or Missing Child Alert, or missing adult
141information is incomplete or incorrect because the information
142received from the local law enforcement agency was incomplete or
143incorrect.
144     (d)(c)  Neither this subsection nor any other provision of
145law creates a duty of the agency, employee, individual, or
146entity to record, report, transmit, display, or release the
147Amber Alert, or Missing Child Alert, or missing adult
148information received from the local law enforcement agency
149having jurisdiction. The decision to record, report, transmit,
150display, or release information is discretionary with the
151agency, employee, individual, or entity receiving the that
152information from the local law enforcement agency having
153jurisdiction.
154     (6)  If a missing child or missing adult is not located
155within 90 days after the missing child or missing adult report
156is filed, the law enforcement agency that accepted the report
157shall attempt to obtain a biological specimen for DNA analysis
158from the missing child or missing adult or from appropriate
159family members in addition to obtaining necessary documentation.
160This subsection does not prevent a law enforcement agency from
161attempting to obtain information or approved biological
162specimens for DNA analysis before the expiration of the 90-day
163period.
164     (7)  The department shall adopt rules specific to cases
165involving missing children and missing adults which will:
166     (a)  Identify biological specimens that are approved by the
167department for DNA analysis.
168     (b)  Identify the documentation necessary for the
169department to use the biological specimens for DNA analysis.
170     (c)  Establish procedures for the collection of biological
171specimens by law enforcement agencies.
172     (d)  Establish procedures for forwarding biological
173specimens by law enforcement agencies to the department.
174     (8)  Subsections (6) and (7) are contingent upon the
175availability of federal funding for the submission and
176processing of approved biological specimens for DNA analysis.
177     Section 3.  Section 937.022, Florida Statutes, is amended
178to read:
179     937.022  Missing Endangered Persons Children Information
180Clearinghouse.--
181     (1)  There is created a Missing Endangered Persons Children
182Information Clearinghouse within the department to serve of Law
183Enforcement. The clearinghouse is established as a central
184repository of information regarding missing endangered persons
185children. Such information shall be collected and disseminated
186to assist in the location of missing endangered persons
187children.
188     (2)  The clearinghouse shall be supervised by a director
189who shall be employed upon the recommendation of the executive
190director. The executive director shall establish services deemed
191appropriate by the department to aid in the location of missing
192endangered persons children.
193     (3)  The clearinghouse shall:
194     (a)  Establish a system of intrastate communication of
195information relating to missing endangered persons children
196determined to be missing by their parents, guardians, or legal
197custodians or by law enforcement agencies.
198     (b)  Provide a centralized file for the exchange of
199information on missing endangered persons children within the
200state.
201     1.  Every state, county, or municipal law enforcement
202agency shall submit to the clearinghouse information concerning
203missing endangered persons received by it pursuant to s.
204937.021.
205     2.  Any person having knowledge parent, guardian, or legal
206custodian may submit a missing endangered person child report to
207the clearinghouse concerning about a child or adult younger than
20826 years of age whose whereabouts is unknown, regardless of the
209circumstances, subsequent to reporting such child or adult
210missing to the appropriate law enforcement agency within the
211county in which the child or adult became missing, and
212subsequent to entry by the law enforcement agency of the child
213or person into the Florida Crime Information Center and the
214National Crime Information Center databases. The missing
215endangered person which missing child report shall be included
216in the clearinghouse database.
217     3.  Only the law enforcement agency having jurisdiction
218over the case may submit a missing endangered person report to
219the clearinghouse involving a missing adult age 26 years or
220older who is suspected by a law enforcement agency of being
221endangered or the victim of criminal activity.
222     (c)  Interface with the National Crime Information Center
223for the exchange of information on children suspected of
224interstate travel.
225     (c)(d)  Collect, process, maintain, and disseminate
226information on missing endangered persons children and strive to
227maintain or disseminate only accurate and complete information.
228     (4)  The person parent, guardian, or legal custodian who is
229responsible for notifying the clearinghouse or a law enforcement
230agency about a missing endangered person child shall immediately
231notify the clearinghouse or the agency of any child or adult
232whose location has been determined.
233     (5)  The law enforcement agency having jurisdiction over a
234case involving a missing endangered person shall, upon locating
235the child or adult, immediately purge information about the case
236from the Florida Crime Information Center or the National Crime
237Information Center databases and notify the clearinghouse.
238Information received pursuant to s. 937.021 about a missing
239child, which information has been included in the clearinghouse
240database, shall be purged by the appropriate law enforcement
241agency immediately upon location of such child.
242     (6)  As used in this section, the term:
243     (a)  "Missing child" means a person who is under the age of
24418 years; whose temporary or permanent residence is in, or is
245believed to be in, this state; whose location has not been
246determined; and who has been reported as missing to a law
247enforcement agency.
248     (b)  "Missing child report" means a report prepared on a
249form designed by the Department of Law Enforcement for the use
250by private citizens and law enforcement agencies to report
251information about missing children to the Missing Children
252Information Clearinghouse.
253     Section 4.  This act shall take effect July 1, 2008.


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