Florida Senate - 2019                                    SB 1166
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01484-19                                           20191166__
    1                        A bill to be entitled                      
    2         An act relating to missing persons; amending s.
    3         937.0201, F.S.; defining the term “at-risk veteran”;
    4         redefining the term “missing adult”; amending s.
    5         937.021, F.S.; providing that the Department of Law
    6         Enforcement, as the state Camo Alert coordinator, and
    7         certain agencies, employees, individuals, and entities
    8         are immune from civil liability for damages for
    9         performing certain actions in good faith; providing
   10         that the presumption of good faith is not overcome
   11         under certain circumstances; providing construction;
   12         amending s. 937.022, F.S.; authorizing only the law
   13         enforcement agency having jurisdiction over a case to
   14         make a request to the clearinghouse for the activation
   15         of a state Camo Alert involving a missing adult under
   16         certain circumstances; amending s. 937.023, F.S.;
   17         providing that the term “missing Florida school child”
   18         does not include an at-risk veteran; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Present subsections (1) through (5) of section
   24  937.0201, Florida Statutes, are renumbered as subsections (2)
   25  through (6), respectively, present subsection (2) of that
   26  section is amended, and a new subsection (1) is added to that
   27  section, to read:
   28         937.0201 Definitions.—As used in this chapter, the term:
   29         (1)“At-risk veteran” means a veteran of or an active duty
   30  member of the United States Armed Forces, the National Guard, or
   31  the United States Reserve Forces, regardless of age, who is
   32  known to suffer from a mental illness, including post-traumatic
   33  stress disorder (PTSD), or a traumatic brain injury, and his or
   34  her disappearance poses a credible threat to his or her own
   35  health and safety or the health and safety of another.
   36         (3)(2) “Missing adult” means a person 18 years of age or
   37  older whose temporary or permanent residence is in, or is
   38  believed to be in, this state, whose location has not been
   39  determined, and who has been reported as missing to a law
   40  enforcement agency. The term includes an at-risk veteran.
   41         Section 2. Paragraphs (c), (d), and (e) of subsection (5)
   42  of section 937.021, Florida Statutes, are amended to read:
   43         937.021 Missing child and missing adult reports.—
   44         (5)
   45         (c) Upon receiving a request to record, report, transmit,
   46  display, or release Silver Alert or Camo Alert information from
   47  the law enforcement agency having jurisdiction over the missing
   48  adult, the Department of Law Enforcement as the state Silver
   49  Alert or state Camo Alert coordinator, any state or local law
   50  enforcement agency, and the personnel of these agencies; any
   51  radio or television network, broadcaster, or other media
   52  representative; any dealer of communications services as defined
   53  in s. 202.11; or any agency, employee, individual, or entity is
   54  immune from civil liability for damages for complying in good
   55  faith with the request and is presumed to have acted in good
   56  faith in recording, reporting, transmitting, displaying, or
   57  releasing Silver Alert or Camo Alert information pertaining to
   58  the missing adult.
   59         (d) The presumption of good faith is not overcome if a
   60  technical or clerical error is made by any agency, employee,
   61  individual, or entity acting at the request of the local law
   62  enforcement agency having jurisdiction, or if the Amber Alert,
   63  Missing Child Alert, missing child information, missing adult
   64  information, or Silver Alert, or Camo Alert information is
   65  incomplete or incorrect because the information received from
   66  the local law enforcement agency was incomplete or incorrect.
   67         (e) Neither this subsection nor any other provision of law
   68  creates a duty of the agency, employee, individual, or entity to
   69  record, report, transmit, display, or release the Amber Alert,
   70  Missing Child Alert, missing child information, missing adult
   71  information, or Silver Alert, or Camo Alert information received
   72  from the local law enforcement agency having jurisdiction. The
   73  decision to record, report, transmit, display, or release
   74  information is discretionary with the agency, employee,
   75  individual, or entity receiving the information.
   76         Section 3. Paragraph (b) of subsection (3) of section
   77  937.022, Florida Statutes, is amended to read:
   78         937.022 Missing Endangered Persons Information
   79  Clearinghouse.—
   80         (3) The clearinghouse shall:
   81         (b) Provide a centralized file for the exchange of
   82  information on missing endangered persons.
   83         1. Every state, county, or municipal law enforcement agency
   84  shall submit to the clearinghouse information concerning missing
   85  endangered persons.
   86         2. Any person having knowledge may submit a missing
   87  endangered person report to the clearinghouse concerning a child
   88  or adult younger than 26 years of age whose whereabouts is
   89  unknown, regardless of the circumstances, subsequent to
   90  reporting such child or adult missing to the appropriate law
   91  enforcement agency within the county in which the child or adult
   92  became missing, and subsequent to entry by the law enforcement
   93  agency of the child or person into the Florida Crime Information
   94  Center and the National Crime Information Center databases. The
   95  missing endangered person report shall be included in the
   96  clearinghouse database.
   97         3. Only the law enforcement agency having jurisdiction over
   98  the case may submit a missing endangered person report to the
   99  clearinghouse involving a missing adult age 26 years or older
  100  who is suspected by a law enforcement agency of being endangered
  101  or the victim of criminal activity.
  102         4. Only the law enforcement agency having jurisdiction over
  103  the case may make a request to the clearinghouse for the
  104  activation of a state Silver Alert or state Camo Alert involving
  105  a missing adult if circumstances regarding the disappearance
  106  have met the criteria for activation of the Silver Alert Plan or
  107  the Camo Alert Plan.
  108         Section 4. Subsection (1) of section 937.023, Florida
  109  Statutes, is amended to read:
  110         937.023 Department of Education to compile list of missing
  111  Florida school children; forms; notification.—
  112         (1) The Department of Education shall provide by rule for a
  113  program to identify and locate missing Florida school children
  114  who are enrolled in Florida public school districts in
  115  kindergarten through grade 12. A “missing Florida school child”
  116  is defined for the purposes of this section as a child 18 years
  117  of age or younger whose whereabouts are unknown. The term does
  118  not include an at-risk veteran as defined in s. 937.0201.
  119  Pursuant to such program, the department shall:
  120         (a) Collect each month a list of missing Florida school
  121  children as provided by the Florida Crime Information Center.
  122  The list shall be designed to include such information as the
  123  department deems necessary for the identification of the missing
  124  school child.
  125         (b) Compile from the information collected pursuant to
  126  paragraph (a) a list of missing Florida school children, which
  127  list shall be distributed monthly to all public school districts
  128  admitting children to kindergarten through grade 12. The list
  129  shall include the names of all such missing children, together
  130  with such other information as the department deems necessary.
  131  Each school district shall distribute this information to the
  132  public schools in the district by whatever manner it deems
  133  appropriate.
  134         (c) Notify the appropriate local, state, or federal law
  135  enforcement authority as soon as any additional information is
  136  obtained or contact is made with respect to a missing Florida
  137  school child.
  138         Section 5. This act shall take effect upon becoming a law.