Florida Senate - 2017 SB 1212 By Senator Simmons 9-01407B-17 20171212__ 1 A bill to be entitled 2 An act relating to emergency alerts; creating s. 3 316.02703, F.S.; defining the terms “serious bodily 4 injury” and “Yellow Alert”; authorizing a law 5 enforcement agency to request the Florida Highway 6 Patrol to activate a Yellow Alert if a hit-and-run 7 incident is reported to the agency and the agency 8 determines that specified requirements are satisfied; 9 authorizing the Florida Highway Patrol, if it concurs 10 that the specified requirements are satisfied, to 11 activate a Yellow Alert within the geographic area 12 requested by the agency; providing that radio, 13 television, and cable and satellite systems are 14 encouraged to cooperate in disseminating the 15 information contained in a Yellow Alert; requiring the 16 Florida Highway Patrol, upon activation of the alert, 17 to assist the investigating law enforcement agency by 18 issuing the alert, in cooperation with the Department 19 of Highway Safety and Motor Vehicles and the 20 Department of Transportation, using certain dynamic 21 message signs; authorizing the Florida Highway Patrol 22 to prioritize the activation of alerts if multiple 23 Yellow Alerts are requested, subject to certain 24 requirements; specifying the conditions that an agency 25 must determine to have been satisfied in order for the 26 agency to be allowed to request that a Yellow Alert be 27 activated; creating s. 784.072, F.S.; defining terms; 28 authorizing a local law enforcement agency to activate 29 the Emergency Alert System and issue a Lockdown Alert 30 to public and private schools and child care 31 facilities under certain circumstances; specifying 32 certain conditions under which Lockdown Alerts may be 33 issued; requiring local law enforcement agencies to 34 create and maintain a list of all public schools, 35 private schools, and child care facilities within 36 their jurisdictions, which must be included in the 37 Lockdown Alert system; authorizing public or private 38 schools or child care facilities to contact their 39 local law enforcement agencies to verify that they are 40 included on the list or to register for inclusion on 41 the list; requiring a local law enforcement agency to 42 take a private school or child care facility off the 43 list if the school or facility requests that it be 44 taken off the list; requiring the Department of Law 45 Enforcement, in cooperation with the Department of 46 Highway Safety and Motor Vehicles and the Department 47 of Transportation, to activate the Emergency Alert 48 System and issue an Imminent Threat Alert to the 49 public at the request of a local law enforcement 50 agency under certain circumstances; specifying 51 information that must be provided in Imminent Threat 52 Alerts, if available; requiring Imminent Threat Alerts 53 to be disseminated to the public through the Emergency 54 Alert System and through the use of certain dynamic 55 message signs; providing that the agency responsible 56 for posting the Imminent Threat Alert on the dynamic 57 message sign does not violate this section if certain 58 traffic emergency information is displayed on the sign 59 in lieu of the alert; providing an effective date. 60 61 Be It Enacted by the Legislature of the State of Florida: 62 63 Section 1. Section 316.02703, Florida Statutes, is created 64 to read: 65 316.02703 Hit-and-run incidents; Yellow Alert.— 66 (1) As used in this section, the term: 67 (a) “Serious bodily injury” means an injury that involves, 68 either at the time of the actual injury or at a later time, a 69 substantial risk of serious and permanent disfigurement, a 70 substantial risk of protracted loss or impairment of the 71 function of any part of the body, or a break, fracture, or burn 72 of the second or third degree. 73 (b) “Yellow Alert” means a notification system activated 74 pursuant to subsection (2) which is designed to issue and 75 coordinate alerts with respect to a hit-and-run incident 76 resulting in the death or injury of a person. 77 (2)(a) If a hit-and-run incident is reported to a law 78 enforcement agency and that agency determines that the 79 requirements of subsection (3) are satisfied, the agency may 80 request the Florida Highway Patrol to activate a Yellow Alert. 81 If the Florida Highway Patrol concurs that the requirements of 82 subsection (3) are satisfied, it may activate a Yellow Alert 83 within the geographic area requested by the investigating law 84 enforcement agency. 85 (b) Radio, television, and cable and satellite systems are 86 encouraged, but are not required, to cooperate in disseminating 87 the information contained in a Yellow Alert. 88 (c) Upon activation of a Yellow Alert, the Florida Highway 89 Patrol shall assist the investigating law enforcement agency by 90 issuing the Yellow Alert, in cooperation with the Department of 91 Highway Safety and Motor Vehicles and the Department of 92 Transportation, through the use of the dynamic message signs 93 that are located along the state’s highways. 94 (d) If there are multiple Yellow Alerts requested, the 95 Florida Highway Patrol may prioritize the activation of alerts 96 based on factors that include, but not are not limited to, the 97 severity of the injury, the time elapsed between a hit-and-run 98 incident and the request, or the likelihood that an activation 99 would reasonably lead to the apprehension of a suspect. 100 (3) A law enforcement agency may request that a Yellow 101 Alert be activated if that agency determines that all of the 102 following conditions are satisfied with regard to the 103 investigation of the hit-and-run incident: 104 (a) A person has been killed or has suffered serious bodily 105 injury due to a hit-and-run incident. 106 (b) There is an indication that a suspect has fled the 107 scene using the state highway system or is likely to be observed 108 by the public on the state highway system. 109 (c) The investigating law enforcement agency has additional 110 information concerning the suspect or the suspect’s vehicle, 111 including, but not limited to, any of the following: 112 1. The complete license plate number of the suspect’s 113 vehicle. 114 2. A partial license plate number and additional unique 115 identifying characteristics, such as the make, model, and color 116 of the suspect’s vehicle, which could reasonably lead to the 117 apprehension of the suspect. 118 3. The identity of the suspect. 119 (d) Public dissemination of available information could 120 either help avert further harm or hasten apprehension of the 121 suspect based on factors that include, but are not limited to, 122 the severity of the injury, the time elapsed between a hit-and 123 run incident and the request, or the likelihood that an 124 activation would reasonably lead to the apprehension of a 125 suspect. 126 Section 2. Section 784.072, Florida Statutes, is created to 127 read: 128 784.072 Notification of imminent threat to schools and 129 child care facilities or the public; Lockdown Alert; Imminent 130 Threat Alert.— 131 (1) As used in this section, the term: 132 (a) “Child care facility” has the same meaning as in s. 133 402.302. 134 (b) “Imminent Threat Alert” means a notification issued 135 pursuant to subsection (3) which informs the public that an 136 imminent threat exists such that the lives and safety of 137 citizens are endangered, including, but not limited to, 138 instances in which a person suspected of killing or causing 139 serious bodily injury to another person or assaulting another 140 person with a deadly weapon has fled the scene of the offense. 141 (c) “Lockdown Alert” means a notification issued pursuant 142 to subsection (2) which informs public schools, private schools, 143 and child care facilities that an imminent threat exists, 144 including, but not limited to, instances in which a person 145 suspected of killing or causing serious bodily injury to another 146 person or assaulting another person with a deadly weapon has 147 fled the scene of the offense. The alert advises the schools and 148 facilities to lock their doors and encourages persons in those 149 schools and facilities to remain in lockdown and be vigilant in 150 watching for and reporting any suspicious activity. 151 (d) “Private school” has the same meaning as in s. 1002.01. 152 (2)(a) A local law enforcement agency that has jurisdiction 153 over the scene of an incident giving rise to an imminent threat 154 to members of the public may activate the Emergency Alert System 155 and issue a Lockdown Alert to all public and private schools and 156 child care facilities that it determines are at risk, given 157 their proximity to the incident, including an incident in which 158 the following conditions are satisfied: 159 1. A person has been killed or has suffered serious bodily 160 injury or a person has been assaulted with a deadly weapon by 161 another person. 162 2. The person suspected of committing the offense has fled 163 the scene. 164 3. The law enforcement agency investigating the offense has 165 determined that the suspect poses an imminent threat to the 166 public safety. 167 (b) For purposes of complying with this subsection, each 168 local law enforcement agency shall create and maintain a list of 169 all public schools, private schools, and child care facilities 170 within its jurisdiction. 171 (c) A public or private school or child care facility may 172 contact local law enforcement agencies to verify that it is 173 included on the list of those that will receive a Lockdown Alert 174 or to register to be included on the list. A local law 175 enforcement agency must take a private school or child care 176 facility off the list if the school or facility requests that it 177 be taken off the list. 178 (3) At the request of a local law enforcement agency, the 179 Department of Law Enforcement, in cooperation with the 180 Department of Highway Safety and Motor Vehicles and the 181 Department of Transportation, shall activate the Emergency Alert 182 System and issue an Imminent Threat Alert to the public when the 183 local law enforcement agency confirms that an imminent threat to 184 the public exists, including, but not limited to, circumstances 185 in which the following conditions have been satisfied: 186 (a) A person has been killed or has suffered serious bodily 187 injury or a person has been assaulted with a deadly weapon by 188 another person. 189 (b) The person suspected of committing the offense has fled 190 the scene. 191 (c) The agency has determined that the suspect poses an 192 imminent threat to the public safety. 193 (4) An Imminent Threat Alert must, to the extent 194 practicable, provide a detailed description of a suspect’s 195 vehicle or other means of escape, the license plate number of 196 the suspect’s vehicle, or any other available information that 197 may assist in averting further harm or in the apprehending of a 198 suspect. 199 (5)(a) An Imminent Threat Alert must be immediately 200 disseminated to the public through the Emergency Alert System 201 and through the use of the dynamic message signs that are 202 located along the State Highway System. 203 (b) If a traffic emergency arises requiring that 204 information pertaining to the traffic emergency be displayed on 205 a dynamic message sign on a state highway in lieu of an Imminent 206 Threat Alert, the agency responsible for posting the Imminent 207 Threat Alert on the dynamic message sign does not violate this 208 section. 209 Section 3. This act shall take effect October 1, 2017.