| 1 | A bill to be entitled |
| 2 | An act relating to missing persons; creating s. 937.0201, |
| 3 | F.S.; providing definitions; amending s. 937.021, F.S.; |
| 4 | requiring law enforcement agencies to adopt written |
| 5 | policies and procedures to be used when investigating |
| 6 | missing children and missing adult reports; providing that |
| 7 | an entry concerning a missing child or missing adult may |
| 8 | not be removed from specified databases based solely on |
| 9 | the age of the missing child or missing adult; requiring |
| 10 | the law enforcement agency having jurisdiction to accept |
| 11 | and file the report; providing a timeframe for |
| 12 | transmitting the report to state and national databases; |
| 13 | providing immunity from civil liability for certain |
| 14 | persons providing information in good faith; requiring |
| 15 | that a law enforcement agency obtain a DNA sample after a |
| 16 | child or adult has been missing for more than 90 days; |
| 17 | authorizing the Department of Law Enforcement to adopt |
| 18 | rules; providing that specified provisions relating to DNA |
| 19 | analysis are contingent upon the availability of federal |
| 20 | funding; amending s. 937.022, F.S.; renaming the Missing |
| 21 | Children Information Clearinghouse as the "Missing |
| 22 | Endangered Persons Information Clearinghouse"; revising |
| 23 | provisions to conform; requiring the state and national |
| 24 | databases to be purged of information about a person who |
| 25 | has been located; providing an effective date. |
| 26 |
|
| 27 | Be It Enacted by the Legislature of the State of Florida: |
| 28 |
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| 29 | Section 1. Section 937.0201, Florida Statutes, is created |
| 30 | to 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 |
| 34 | older whose temporary or permanent residence is in, or is |
| 35 | believed to be in, this state, whose location has not been |
| 36 | determined, and who has been reported as missing to a law |
| 37 | enforcement agency. |
| 38 | (3) "Missing child" means a person younger than 18 years |
| 39 | of age whose temporary or permanent residence is in, or is |
| 40 | believed to be in, this state, whose location has not been |
| 41 | determined, and who has been reported as missing to a law |
| 42 | enforcement 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 |
| 47 | suspected by a law enforcement agency of being endangered or the |
| 48 | victim of criminal activity. |
| 49 | (5) "Missing endangered person report" means a report |
| 50 | prepared on a form prescribed by the department by rule for use |
| 51 | by the public and law enforcement agencies in reporting |
| 52 | information to the Missing Endangered Persons Information |
| 53 | Clearinghouse about a missing endangered person. |
| 54 | Section 2. Section 937.021, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 937.021 Missing child and missing adult reports.-- |
| 57 | (1) Law enforcement agencies in this state shall adopt |
| 58 | written policies that specify the procedures to be used to |
| 59 | investigate reports of missing children and missing adults. The |
| 60 | policies must ensure that cases involving missing children and |
| 61 | adults are investigated promptly using appropriate resources. |
| 62 | The policies must include the following: |
| 63 | (a) Requirements for accepting missing child and missing |
| 64 | adult reports. |
| 65 | (b) Procedures for initiating, maintaining, closing, or |
| 66 | referring a missing child or missing adult investigation. |
| 67 | (c) Standards for maintaining and clearing computer data |
| 68 | of information concerning a missing child and missing adult that |
| 69 | is stored in the Florida Crime Information Center and the |
| 70 | National Crime Information Center. The standards must require, |
| 71 | at a minimum, a monthly review of each case and a determination |
| 72 | of whether the case should be maintained in the database. |
| 73 | (2) An entry concerning a missing child or missing adult |
| 74 | may not be removed from the Florida Crime Information Center or |
| 75 | the National Crime Information Center databases based solely on |
| 76 | the age of the missing child or missing adult. |
| 77 | (3) A report that a child or adult is missing must be |
| 78 | accepted by and filed with the law enforcement agency having |
| 79 | jurisdiction in the county or municipality in which the child or |
| 80 | adult was last seen. The filing and acceptance of the report |
| 81 | imposes the duties specified in this section upon the law |
| 82 | enforcement agency receiving the report. This subsection does |
| 83 | not preclude a law enforcement agency from accepting a missing |
| 84 | child or missing adult report when agency jurisdiction cannot be |
| 85 | determined. |
| 86 | (4)(a)(1) Upon the filing of a police report that a child |
| 87 | is missing by the parent or guardian, the law enforcement agency |
| 88 | receiving the report shall immediately inform all on-duty law |
| 89 | enforcement officers of the existence of the missing child |
| 90 | report, communicate the report to every other law enforcement |
| 91 | agency having jurisdiction in the county, and within 2 hours |
| 92 | after receipt of the report, transmit the report for inclusion |
| 93 | within the Florida Crime Information Center and the National |
| 94 | Crime Information Center databases computer. |
| 95 | (b) Upon the filing of a credible police report that an |
| 96 | adult is missing, the law enforcement agency receiving the |
| 97 | report shall, within 2 hours after receipt of the report, |
| 98 | transmit the report for inclusion within the Florida Crime |
| 99 | Information Center and the National Crime Information Center |
| 100 | databases. |
| 101 | (2) A police report that a child is missing may be filed |
| 102 | with the law enforcement agency having jurisdiction in the |
| 103 | county or municipality in which the child was last seen prior to |
| 104 | the filing of the report, without regard to whether the child |
| 105 | resides in or has any significant contacts with that county or |
| 106 | municipality. The filing of such a report shall impose the |
| 107 | duties specified in subsection (1) upon that law enforcement |
| 108 | agency. |
| 109 | (5)(3)(a) Upon receiving a request to record, report, |
| 110 | transmit, display, or release Amber Alert or Missing Child Alert |
| 111 | information from the law enforcement agency having jurisdiction |
| 112 | over the missing or endangered child, the department of Law |
| 113 | Enforcement as the state Amber Alert coordinator,; any state or |
| 114 | local law enforcement agency, and the personnel of these |
| 115 | agencies; any radio or television network, broadcaster, or other |
| 116 | media representative; any dealer of communications services as |
| 117 | defined in s. 202.11; or any agency, employee, individual, or |
| 118 | entity is immune from civil liability for damages for complying |
| 119 | in good faith with the request and is presumed to have acted in |
| 120 | good faith in recording, reporting, transmitting, displaying, or |
| 121 | releasing Amber Alert or Missing Child Alert information |
| 122 | pertaining to such child. |
| 123 | (b) Upon receiving a request to record, report, transmit, |
| 124 | display, or release information and photographs pertaining to a |
| 125 | missing adult from the law enforcement agency having |
| 126 | jurisdiction over the missing adult, the department, a state or |
| 127 | local law enforcement agency, and the personnel of these |
| 128 | agencies; any radio or television network, broadcaster, or other |
| 129 | media representative; any dealer of communications services as |
| 130 | defined in s. 202.11; or any agency, employee, individual, or |
| 131 | person is immune from civil liability for damages for complying |
| 132 | in good faith with the request to provide information and is |
| 133 | presumed to have acted in good faith in recording, reporting, |
| 134 | transmitting, displaying, or releasing information or |
| 135 | photographs pertaining to the missing adult. |
| 136 | (c)(b) The presumption of good faith is not overcome if a |
| 137 | technical or clerical error is made by any such agency, |
| 138 | employee, individual, or entity acting at the request of the |
| 139 | local law enforcement agency having jurisdiction, or if the |
| 140 | Amber Alert, or Missing Child Alert, or missing adult |
| 141 | information is incomplete or incorrect because the information |
| 142 | received from the local law enforcement agency was incomplete or |
| 143 | incorrect. |
| 144 | (d)(c) Neither this subsection nor any other provision of |
| 145 | law creates a duty of the agency, employee, individual, or |
| 146 | entity to record, report, transmit, display, or release the |
| 147 | Amber Alert, or Missing Child Alert, or missing adult |
| 148 | information received from the local law enforcement agency |
| 149 | having jurisdiction. The decision to record, report, transmit, |
| 150 | display, or release information is discretionary with the |
| 151 | agency, employee, individual, or entity receiving the that |
| 152 | information from the local law enforcement agency having |
| 153 | jurisdiction. |
| 154 | (6) If a missing child or missing adult is not located |
| 155 | within 90 days after the missing child or missing adult report |
| 156 | is filed, the law enforcement agency that accepted the report |
| 157 | shall attempt to obtain a biological specimen for DNA analysis |
| 158 | from the missing child or missing adult or from appropriate |
| 159 | family members in addition to obtaining necessary documentation. |
| 160 | This subsection does not prevent a law enforcement agency from |
| 161 | attempting to obtain information or approved biological |
| 162 | specimens for DNA analysis before the expiration of the 90-day |
| 163 | period. |
| 164 | (7) The department shall adopt rules specific to cases |
| 165 | involving missing children and missing adults which will: |
| 166 | (a) Identify biological specimens that are approved by the |
| 167 | department for DNA analysis. |
| 168 | (b) Identify the documentation necessary for the |
| 169 | department to use the biological specimens for DNA analysis. |
| 170 | (c) Establish procedures for the collection of biological |
| 171 | specimens by law enforcement agencies. |
| 172 | (d) Establish procedures for forwarding biological |
| 173 | specimens by law enforcement agencies to the department. |
| 174 | (8) Subsections (6) and (7) are contingent upon the |
| 175 | availability of federal funding for the submission and |
| 176 | processing of approved biological specimens for DNA analysis. |
| 177 | Section 3. Section 937.022, Florida Statutes, is amended |
| 178 | to read: |
| 179 | 937.022 Missing Endangered Persons Children Information |
| 180 | Clearinghouse.-- |
| 181 | (1) There is created a Missing Endangered Persons Children |
| 182 | Information Clearinghouse within the department to serve of Law |
| 183 | Enforcement. The clearinghouse is established as a central |
| 184 | repository of information regarding missing endangered persons |
| 185 | children. Such information shall be collected and disseminated |
| 186 | to assist in the location of missing endangered persons |
| 187 | children. |
| 188 | (2) The clearinghouse shall be supervised by a director |
| 189 | who shall be employed upon the recommendation of the executive |
| 190 | director. The executive director shall establish services deemed |
| 191 | appropriate by the department to aid in the location of missing |
| 192 | endangered persons children. |
| 193 | (3) The clearinghouse shall: |
| 194 | (a) Establish a system of intrastate communication of |
| 195 | information relating to missing endangered persons children |
| 196 | determined to be missing by their parents, guardians, or legal |
| 197 | custodians or by law enforcement agencies. |
| 198 | (b) Provide a centralized file for the exchange of |
| 199 | information on missing endangered persons children within the |
| 200 | state. |
| 201 | 1. Every state, county, or municipal law enforcement |
| 202 | agency shall submit to the clearinghouse information concerning |
| 203 | missing endangered persons received by it pursuant to s. |
| 204 | 937.021. |
| 205 | 2. Any person having knowledge parent, guardian, or legal |
| 206 | custodian may submit a missing endangered person child report to |
| 207 | the clearinghouse concerning about a child or adult younger than |
| 208 | 26 years of age whose whereabouts is unknown, regardless of the |
| 209 | circumstances, subsequent to reporting such child or adult |
| 210 | missing to the appropriate law enforcement agency within the |
| 211 | county in which the child or adult became missing, and |
| 212 | subsequent to entry by the law enforcement agency of the child |
| 213 | or person into the Florida Crime Information Center and the |
| 214 | National Crime Information Center databases. The missing |
| 215 | endangered person which missing child report shall be included |
| 216 | in the clearinghouse database. |
| 217 | 3. Only the law enforcement agency having jurisdiction |
| 218 | over the case may submit a missing endangered person report to |
| 219 | the clearinghouse involving a missing adult age 26 years or |
| 220 | older who is suspected by a law enforcement agency of being |
| 221 | endangered or the victim of criminal activity. |
| 222 | (c) Interface with the National Crime Information Center |
| 223 | for the exchange of information on children suspected of |
| 224 | interstate travel. |
| 225 | (c)(d) Collect, process, maintain, and disseminate |
| 226 | information on missing endangered persons children and strive to |
| 227 | maintain or disseminate only accurate and complete information. |
| 228 | (4) The person parent, guardian, or legal custodian who is |
| 229 | responsible for notifying the clearinghouse or a law enforcement |
| 230 | agency about a missing endangered person child shall immediately |
| 231 | notify the clearinghouse or the agency of any child or adult |
| 232 | whose location has been determined. |
| 233 | (5) The law enforcement agency having jurisdiction over a |
| 234 | case involving a missing endangered person shall, upon locating |
| 235 | the child or adult, immediately purge information about the case |
| 236 | from the Florida Crime Information Center or the National Crime |
| 237 | Information Center databases and notify the clearinghouse. |
| 238 | Information received pursuant to s. 937.021 about a missing |
| 239 | child, which information has been included in the clearinghouse |
| 240 | database, shall be purged by the appropriate law enforcement |
| 241 | agency 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 |
| 244 | 18 years; whose temporary or permanent residence is in, or is |
| 245 | believed to be in, this state; whose location has not been |
| 246 | determined; and who has been reported as missing to a law |
| 247 | enforcement agency. |
| 248 | (b) "Missing child report" means a report prepared on a |
| 249 | form designed by the Department of Law Enforcement for the use |
| 250 | by private citizens and law enforcement agencies to report |
| 251 | information about missing children to the Missing Children |
| 252 | Information Clearinghouse. |
| 253 | Section 4. This act shall take effect July 1, 2008. |