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A bill to be entitled

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An act relating to missing persons; amending s. 937.021,

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F.S.; requiring law enforcement agencies to adopt written

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policies and procedures to be used when investigating

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missing person reports; requiring law enforcement agencies

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to submit information to specified databases; providing

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immunity from civil liability for certain persons

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involving such reports; requiring that a law enforcement

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agency obtain a DNA sample after a person has been missing

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more than 90 days; requiring the Department of Law

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Enforcement to adopt rules; amending s. 937.022, F.S.;

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renaming the Missing Children Information Clearinghouse

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the "Missing Children and Persons Information

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Clearinghouse"; requiring the clearinghouse to collect and

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process information regarding missing children, missing

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persons younger than 26 years of age, and missing persons

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suspected by a law enforcement agency of being in danger

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or a victim of criminal activity; providing definitions;

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providing an effective date.

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

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     Section 1.  Section 937.021, Florida Statutes, is amended to

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read:

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     937.021 Missing child or missing person reports.--

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     (1) Law enforcement agencies in this state shall adopt

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written policies that specify the procedures to be used to

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investigate reports of missing persons. The policies adopted must

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ensure that cases involving reported missing persons, including

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cases involving minor children, are investigated promptly using

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appropriate resources. The adopted policies must include:

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     (a) Requirements for accepting missing person reports;

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     (b) Procedures for initiating, maintaining, closing, or

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referring a missing person investigation; and

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     (c) Standards for maintaining and clearing computer data of

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missing person information that is stored in the Florida Crime

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Information Center and the National Crime Information Center. The

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standards shall require, at a minimum, a monthly review of each

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case and a determination of whether the case should be maintained

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in the database.

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     (2)(1) Upon the filing of a credible police report that a

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child is missing by the parent or guardian, the law enforcement

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agency receiving the report shall immediately inform all on-duty

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law enforcement officers of the existence of the missing child

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report, communicate the report to every other law enforcement

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agency having jurisdiction in the county, and within 2 hours

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transmit the report for inclusion within the Florida Crime

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Information Center and the National Crime Information Center

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databases computer.

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     (3) A law enforcement agency may not adopt a policy

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requiring the removal of a missing child or missing person entry

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from the Florida Crime Information Center or the National Crime

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Information Center databases based solely on the age of the

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missing person.

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     (4)(2) If a law enforcement agency has a reasonable belief

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that a person is missing, a police report that a child is missing

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may be filed with the law enforcement agency having jurisdiction

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in the county or municipality in which the person child was last

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seen shall be accepted by that agency prior to the filing of the

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report, without regard to whether the child resides in or has any

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significant contacts with that county or municipality. The filing

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and acceptance of such a report imposes shall impose the duties

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specified in this section subsection (1) upon the that law

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enforcement agency receiving the missing person report. This

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subsection does not preclude a law enforcement agency from filing

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or accepting a missing person report when agency jurisdiction

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cannot be determined.

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     (5) If an adult files a credible police report that an

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adult person is missing, the law enforcement agency receiving the

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report must, within 2 hours after receiving the missing person

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information, transmit the report for entry into the Florida Crime

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Information Center and the National Crime Information Center

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databases.

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

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

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information from the law enforcement agency having jurisdiction

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over the missing or endangered child younger than 18 years of

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age, the Department of Law Enforcement as the state Amber Alert

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coordinator; any state or local law enforcement agency and the

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personnel of these agencies; any radio or television network,

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broadcaster, or other media representative; any dealer of

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

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employee, individual, or entity is immune from civil liability

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

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

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transmitting, displaying, or releasing Amber Alert or Missing

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Child Alert information pertaining to such child.

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     (b) After receiving a request to record, report, transmit,

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display, or release information and photographs pertaining to a

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missing person from the law enforcement agency having

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jurisdiction over the missing person, the Department of Law

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Enforcement; a state or local law enforcement agency and the

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personnel of these agencies; any radio or television network,

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broadcaster, or other media representative; any dealer of

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

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employee, individual, or person is immune from civil liability

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for damages for complying in good faith with the request to

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provide information and is presumed to have acted in good faith

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in recording, reporting, transmitting, displaying, or releasing

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information or photographs pertaining to the missing person.

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

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technical or clerical error is made by any such agency, employee,

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individual, or entity acting at the request of the local law

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enforcement agency having jurisdiction or if the Amber Alert, or

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Missing Child Alert, or missing person information is incomplete

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or incorrect because the information received from the local law

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enforcement agency was incomplete or incorrect.

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

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

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to record, report, transmit, display, or release the Amber Alert,

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or Missing Child Alert, or other missing person information

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received from the local law enforcement agency having

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jurisdiction. The decision to record, report, transmit, display,

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or release information is discretionary with the agency,

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employee, individual, or entity receiving that information from

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the local law enforcement agency having jurisdiction.

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     (7) If a person who has been reported as missing has not

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been located within 90 days after the missing person report is

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filed, the law enforcement agency that accepted the missing

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person report shall attempt to obtain a biological specimen

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approved by the Department of Law Enforcement for DNA analysis

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from the missing person or from appropriate family members of the

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missing person in addition to any documentation necessary to

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enable the agency to use the specimens in conducting searches of

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DNA databases.

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     (8) The Department of Law Enforcement shall adopt rules

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establishing procedures for:

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     (a) The submission of biological specimens approved by the

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department for DNA analysis in a missing person case.

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     (b) The forwarding of approved biological specimens by law

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enforcement agencies for DNA analysis in a missing person case.

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     (9) Subsections (7) and (8) are contingent upon the

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availability of an appropriation of federal funds for the

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submission and processing of approved biological specimens for

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DNA analysis.

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     (10) Subsection (7) does not prevent a law enforcement

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agency from attempting to obtain information or approved

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biological specimens for DNA analysis before the expiration of

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the 90-day period.

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     Section 2.  Section 937.022, Florida Statutes, is amended to

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read:

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     937.022 Missing Person and Children Information

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Clearinghouse.--

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     (1) There is created a Missing Person and Children

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Information Clearinghouse within the Department of Law

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Enforcement. The clearinghouse is established as a central

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repository of information regarding missing children and certain

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missing persons. Such information shall be collected and

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disseminated to assist in the location of missing children,

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missing persons younger than 26 years of age, or missing persons

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suspected by a law enforcement agency of being endangered or the

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victim of criminal activity.

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     (2)  The clearinghouse shall be supervised by a director who

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shall be employed upon the recommendation of the executive

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director.  The executive director shall establish services deemed

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appropriate by the department to aid in the location of missing

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children, missing persons younger than 26 years of age, or

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missing persons suspected by a law enforcement agency of being

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endangered or the victim of criminal activity.

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     (3)  The clearinghouse shall:

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     (a)  Establish a system of intrastate communication of

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information relating to missing children, missing persons younger

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than 26 years of age, or missing persons suspected by a law

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enforcement agency of being endangered or the victim of criminal

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activity determined to be missing by their parents, guardians, or

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legal custodians or by law enforcement agencies.

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     (b)  Provide a centralized file for the exchange of

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information concerning on missing children, missing persons

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younger than 26 years of age, or missing persons suspected by a

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law enforcement agency of being endangered or the victim of

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criminal activity within the state.

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

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shall submit to the clearinghouse information concerning persons

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who meet the criteria set forth in this section received by it

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pursuant to s. 937.021.

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     2. Any person having knowledge parent, guardian, or legal

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custodian may submit a missing person child report to the

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clearinghouse concerning about a person younger than 26 years of

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age child whose whereabouts is unknown, regardless of the

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circumstances, subsequent to reporting such person child missing

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to the appropriate law enforcement agency within the county in

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which the person child became missing and subsequent to the law

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enforcement agency entering the person into the Florida Crime

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Information Center and the National Crime Information Center.

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The, which missing person child report shall be included in the

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clearinghouse database.

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     (c) Interface with the National Crime Information Center

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for the exchange of information on children suspected of

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interstate travel.

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

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information concerning on missing children and strive to maintain

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or disseminate only accurate and complete information.

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     (4) Requests to the Missing Persons and Children

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Information Clearinghouse to accept reports of missing persons

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who are 26 years of age or older and who are suspected by a law

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enforcement agency of being endangered or the victim of criminal

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activity must be made by the law enforcement agency having

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jurisdiction.

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

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person who is responsible for notifying the clearinghouse or a

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law enforcement agency about a missing child or missing person

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shall immediately notify the clearinghouse or the agency of any

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missing child or missing person whose location has been

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determined.

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     (6)(5) Information received pursuant to s. 937.021 about a

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missing person or child, which information has been included in

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the clearinghouse database and in the Florida Crime Information

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Center and the National Crime Information Center database, shall

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be purged by the appropriate law enforcement agency and the

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clearinghouse shall be notified immediately upon location of the

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person such child.

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

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     (a) "Missing child" means a person who is younger than

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under the age of 18 years of age; whose temporary or permanent

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residence is in, or is believed to be in, this state; whose

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location has not been determined; and who has been reported as

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missing to a law enforcement agency.

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     (b) "Missing child or missing person report" means a report

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prepared on a form designed by the Department of Law Enforcement

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for the use by the public private citizens and law enforcement

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agencies in reporting to the Missing Persons and Children

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Information Clearinghouse to report information about missing

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children, missing persons who were younger than 26 years of age

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at the time they were reported missing, or missing persons 26 or

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older who are suspected by the law enforcement agency having

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jurisdiction of being endangered or the victim of criminal

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activity to the Missing Children Information Clearinghouse.

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     (c) "Missing person" means a person who has been reported

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as missing to a local law enforcement agency under this section.

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     Section 3.  This act shall take effect July 1, 2008.