Florida Senate - 2018 SB 1116 By Senator Simmons 9-00991-18 20181116__ 1 A bill to be entitled 2 An act relating to emergency alerts; creating s. 3 784.072, F.S.; defining terms; authorizing a local law 4 enforcement agency to activate the Emergency Alert 5 System and issue a Lockdown Alert to public and 6 private schools and child care facilities under 7 certain circumstances; requiring local law enforcement 8 agencies to create and maintain a list of all public 9 schools, private schools, and child care facilities 10 within their jurisdictions which must be included in 11 the Lockdown Alert notification; authorizing public or 12 private schools or child care facilities to contact 13 their local law enforcement agencies to verify that 14 they are included on the list or to register for 15 inclusion on the list; requiring a local law 16 enforcement agency to take a private school or child 17 care facility off the list if the school or facility 18 requests that it be taken off the list; requiring the 19 Department of Law Enforcement, in cooperation with the 20 Department of Highway Safety and Motor Vehicles and 21 the Department of Transportation, to activate the 22 Emergency Alert System and issue an Imminent Threat 23 Alert to the public at the request of a local law 24 enforcement agency under certain circumstances; 25 specifying information that must be provided in 26 Imminent Threat Alerts, if available; requiring 27 Imminent Threat Alerts to be disseminated to the 28 public through the Emergency Alert System and through 29 the use of certain dynamic message signs; providing 30 that the agency responsible for posting the Imminent 31 Threat Alert on the dynamic message sign does not 32 violate this section if certain traffic emergency 33 information is displayed on the sign in lieu of the 34 alert; providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 784.072, Florida Statutes, is created to 39 read: 40 784.072 Notification of imminent threat to schools and 41 child care facilities or the public; Lockdown Alert; Imminent 42 Threat Alert.— 43 (1) As used in this section, the term: 44 (a) “Child care facility” has the same meaning as in s. 45 402.302. 46 (b) “Imminent Threat Alert” means a notification issued 47 pursuant to subsection (3) which informs the public that an 48 imminent threat exists such that the lives and safety of people 49 are endangered, including, but not limited to, instances in 50 which a person suspected of killing or causing serious bodily 51 injury to another person or assaulting another person with a 52 deadly weapon has fled the scene of the offense. 53 (c) “Lockdown Alert” means a notification issued pursuant 54 to subsection (2) which informs public schools, private schools, 55 and child care facilities that an imminent threat exists, 56 including, but not limited to, instances in which a person 57 suspected of killing or causing serious bodily injury to another 58 person or assaulting another person with a deadly weapon has 59 fled the scene of the offense. The alert advises the schools and 60 facilities to lock their doors and encourages persons in those 61 schools and facilities to remain in lockdown and be vigilant in 62 watching for and reporting any suspicious activity. 63 (d) “Private school” has the same meaning as in s. 1002.01. 64 (2)(a) A local law enforcement agency that has jurisdiction 65 over the scene of an incident giving rise to an imminent threat 66 to the public may activate the Emergency Alert System and issue 67 a Lockdown Alert to all public and private schools and child 68 care facilities that it determines are at risk, given their 69 proximity to the incident, including an incident in which the 70 following conditions are satisfied: 71 1. A person has been killed or has suffered serious bodily 72 injury or a person has been assaulted with a deadly weapon by 73 another person. 74 2. The person suspected of committing the offense has fled 75 the scene. 76 3. The law enforcement agency investigating the offense has 77 determined that the suspect poses an imminent threat to the 78 public safety. 79 (b) For purposes of complying with this subsection, each 80 local law enforcement agency shall create and maintain a list of 81 all public schools, private schools, and child care facilities 82 within its jurisdiction. 83 (c) A public or private school or child care facility may 84 contact local law enforcement agencies to verify that it is 85 included on the list of those that will receive a Lockdown Alert 86 or to register to be included on the list. A local law 87 enforcement agency must take a private school or child care 88 facility off the list if the school or facility requests that it 89 be taken off the list. 90 (3) At the request of a local law enforcement agency, the 91 Department of Law Enforcement, in cooperation with the 92 Department of Highway Safety and Motor Vehicles and the 93 Department of Transportation, must activate the Emergency Alert 94 System and issue an Imminent Threat Alert to the public when the 95 local law enforcement agency confirms that an imminent threat to 96 the public exists, including, but not limited to, circumstances 97 in which the following conditions have been satisfied: 98 (a) A person has been killed or has suffered serious bodily 99 injury or a person has been assaulted with a deadly weapon by 100 another person. 101 (b) The person suspected of committing the offense has fled 102 the scene. 103 (c) The law enforcement agency has determined that the 104 suspect poses an imminent threat to the public safety. 105 (4) An Imminent Threat Alert must, to the extent 106 practicable, provide a detailed description of a suspect’s 107 vehicle or other means of escape, the license plate number of 108 the suspect’s vehicle, or any other available information that 109 may assist in averting further harm or in the apprehending of 110 the suspect. 111 (5)(a) An Imminent Threat Alert must be immediately 112 disseminated to the public through the Emergency Alert System 113 and through the use of the dynamic message signs that are 114 located along the State Highway System. 115 (b) If a traffic emergency arises requiring that 116 information pertaining to the traffic emergency be displayed on 117 a dynamic message sign on a state highway in lieu of an Imminent 118 Threat Alert, the agency responsible for posting the Imminent 119 Threat Alert on the dynamic message sign does not violate this 120 section. 121 Section 2. This act shall take effect October 1, 2018.