CS/HB 513

1	A bill to be entitled
2	An act relating to missing adults; amending s.
3	937.0201, F.S.; revising the definition of the term
4	"missing endangered person" to include a missing adult
5	who meets the criteria for activation of the Silver
6	Alert Plan; amending s. 937.021, F.S.; providing
7	immunity from civil liability for certain persons
8	providing Silver Alert information pertaining to the
9	missing adult in good faith; amending s. 937.022,
10	F.S.; providing that only the law enforcement agency
11	having jurisdiction over the case may request that the
12	clearinghouse activate a state Silver Alert; providing
13	an effective date.
14
15	Be It Enacted by the Legislature of the State of Florida:
16
17	Section 1.  Subsection (4) of section 937.0201, Florida
18	Statutes, is amended to read:
19	937.0201  Definitions.-As used in this chapter, the term:
20	(4)  "Missing endangered person" means:
21	(a)  A missing child;
22	(b)  A missing adult younger than 26 years of age; or
23	(c)  A missing adult 26 years of age or older who is
24	suspected by a law enforcement agency of being endangered or the
25	victim of criminal activity; or
26	(d)  A missing adult who meets the criteria for activation
27	of the Silver Alert Plan.
28	Section 2.  Subsection (5) of section 937.021, Florida
29	Statutes, is amended to read:
30	937.021  Missing child and missing adult reports.-
31	(5)(a)  Upon receiving a request to record, report,
32	transmit, display, or release Amber Alert or Missing Child Alert
33	information from the law enforcement agency having jurisdiction
34	over the missing child, the department of Law Enforcement as the
35	state Amber Alert coordinator, any state or local law
36	enforcement agency, and the personnel of these agencies; any
37	radio or television network, broadcaster, or other media
38	representative; any dealer of communications services as defined
39	in s. 202.11; or any agency, employee, individual, or entity is
40	immune from civil liability for damages for complying in good
41	faith with the request and is presumed to have acted in good
42	faith in recording, reporting, transmitting, displaying, or
43	releasing Amber Alert or Missing Child Alert information
44	pertaining to such child.
45	(b)  Upon receiving a request to record, report, transmit,
46	display, or release information and photographs pertaining to a
47	missing adult from the law enforcement agency having
48	jurisdiction over the missing adult, the department, a state or
49	local law enforcement agency, and the personnel of these
50	agencies; any radio or television network, broadcaster, or other
51	media representative; any dealer of communications services as
52	defined in s. 202.11; or any agency, employee, individual, or
53	person is immune from civil liability for damages for complying
54	in good faith with the request to provide information and is
55	presumed to have acted in good faith in recording, reporting,
56	transmitting, displaying, or releasing information or
57	photographs pertaining to the missing adult.
58	(c)  Upon receiving a request to record, report, transmit,
59	display, or release Silver Alert information from the law
60	enforcement agency having jurisdiction over the missing adult,
61	the department as the state Silver Alert coordinator, any state
62	or local law enforcement agency, and the personnel of these
63	agencies; any radio or television network, broadcaster, or other
64	media representative; any dealer of communications services as
65	defined in s. 202.11; or any agency, employee, individual, or
66	entity is immune from civil liability for damages for complying
67	in good faith with the request and is presumed to have acted in
68	good faith in recording, reporting, transmitting, displaying, or
69	releasing Silver Alert information pertaining to the missing
70	adult.
71	(d)(c)  The presumption of good faith is not overcome if a
72	technical or clerical error is made by any agency, employee,
73	individual, or entity acting at the request of the local law
74	enforcement agency having jurisdiction, or if the Amber Alert,
75	Missing Child Alert, or missing adult, or Silver Alert
76	information is incomplete or incorrect because the information
77	received from the local law enforcement agency was incomplete or
78	incorrect.
79	(e)(d)  Neither this subsection nor any other provision of
80	law creates a duty of the agency, employee, individual, or
81	entity to record, report, transmit, display, or release the
82	Amber Alert, Missing Child Alert, or missing adult, or Silver
83	Alert information received from the local law enforcement agency
84	having jurisdiction. The decision to record, report, transmit,
85	display, or release information is discretionary with the
86	agency, employee, individual, or entity receiving the
87	information.
88	Section 3.  Paragraph (b) of subsection (3) of section
89	937.022, Florida Statutes, is amended to read:
90	937.022  Missing Endangered Persons Information
91	Clearinghouse.-
92	(3)  The clearinghouse shall:
93	(b)  Provide a centralized file for the exchange of
94	information on missing endangered persons.
95	1.  Every state, county, or municipal law enforcement
96	agency shall submit to the clearinghouse information concerning
97	missing endangered persons.
98	2.  Any person having knowledge may submit a missing
99	endangered person report to the clearinghouse concerning a child
100	or adult younger than 26 years of age whose whereabouts is
101	unknown, regardless of the circumstances, subsequent to
102	reporting such child or adult missing to the appropriate law
103	enforcement agency within the county in which the child or adult
104	became missing, and subsequent to entry by the law enforcement
105	agency of the child or person into the Florida Crime Information
106	Center and the National Crime Information Center databases. The
107	missing endangered person report shall be included in the
108	clearinghouse database.
109	3.  Only the law enforcement agency having jurisdiction
110	over the case may submit a missing endangered person report to
111	the clearinghouse involving a missing adult age 26 years or
112	older who is suspected by a law enforcement agency of being
113	endangered or the victim of criminal activity.
114	4.  Only the law enforcement agency having jurisdiction
115	over the case may make a request to the clearinghouse for the
116	activation of a state Silver Alert involving a missing adult if
117	circumstances regarding the disappearance have met the criteria
118	for activation of the Silver Alert Plan.
119	Section 4.  This act shall take effect July 1, 2011.

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