Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 642
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Berman moved the following:
    1         Senate Amendment (with title amendment)
    3         Between lines 8604 and 8605
    4  insert:
    5         Section 174. Effective July 1, 2020, subsection (4) of
    6  section 937.0201, Florida Statutes, is amended to read:
    7         937.0201 Definitions.—As used in this chapter, the term:
    8         (4) “Missing endangered person” means any of the following:
    9         (a) A missing child.;
   10         (b) A missing adult younger than 26 years of age.;
   11         (c) A missing adult 26 years of age or older who is
   12  suspected by a law enforcement agency of being endangered or the
   13  victim of criminal activity.; or
   14         (d) A missing adult who meets the criteria for activation
   15  of the Silver Alert Plan of the Department of Law Enforcement.
   16         (e)A missing adult who meets the criteria for activation
   17  of the Orange Alert of the Department of Law Enforcement
   18  pursuant to s. 937.0205.
   19         Section 175. Effective July 1, 2020, section 937.0205,
   20  Florida Statutes, is created to read:
   21         937.0205Orange Alert.—
   22         (1)The Legislature finds that a standardized state system
   23  is necessary to aid in the search for a missing adult as
   24  described in subparagraphs (4)(a)1., 2., and 3. The Legislature
   25  also finds that a coordinated local law enforcement and state
   26  agency response with prompt and widespread sharing of
   27  information will improve the chances of the person being found.
   28  Therefore, the Legislature intends to establish the Orange Alert
   29  pursuant to this section.
   30         (2)It is the intent of the Legislature that the Orange
   31  Alert be established and implemented in a manner that seeks to
   32  safeguard the privacy rights and related health and diagnostic
   33  information of the missing adult to the greatest extent
   34  practicable.
   35         (3)The Department of Law Enforcement, in cooperation with
   36  the Department of Transportation, the Department of Highway
   37  Safety and Motor Vehicles, the Department of the Lottery, and
   38  local law enforcement agencies, shall establish and implement
   39  the Orange Alert. At a minimum, the Orange Alert must:
   40         (a)Provide for the protection of the privacy, dignity,
   41  independence, and autonomy of the missing adult by including
   42  standards that aim to safeguard these civil liberties through
   43  preventing the inadvertent or unnecessary broadcasting or
   44  dissemination of sensitive health and diagnostic information in
   45  unwarranted circumstances; and
   46         (b)Provide that the broadcasting and dissemination of
   47  alerts and related information be limited to the geographic
   48  areas where the missing adult could reasonably be, considering
   49  the person’s circumstances and physical and mental condition,
   50  the modes of transportation available to the person, and the
   51  circumstances of the person’s disappearance.
   52         (4)(a)Under the Orange Alert, a local law enforcement
   53  agency may broadcast to persons who subscribe to receive
   54  notifications under this section and to the media information
   55  concerning a missing adult:
   56         1.Who has a mental or cognitive disability; an
   57  intellectual disability or a developmental disability as those
   58  terms are defined in s. 393.063; a brain injury; another
   59  physical, mental, or emotional disability or impaired judgment
   60  not related to substance abuse; or a combination of any of
   61  these;
   62         2.Whose disappearance poses a credible threat of immediate
   63  danger or serious bodily harm to himself or herself, as
   64  determined by the local law enforcement agency; and
   65         3.Who does not meet the criteria for activation of the
   66  Silver Alert Plan of the Department of Law Enforcement.
   67         (b)The local law enforcement agency broadcasting such
   68  information must be the agency that is best able to notify the
   69  media and the subscribers for such notifications in the
   70  jurisdiction where the missing adult is believed to be. Such
   71  local law enforcement agency may also request that the
   72  notification be broadcast on lottery terminals within the
   73  geographic regions where the missing adult may reasonably be,
   74  including, but not limited to, the lottery terminals in gas
   75  stations, convenience stores, and supermarkets in such regions.
   76         (c)Under the Orange Alert, the local law enforcement
   77  agency may also request that a case be opened with the
   78  Department of Law Enforcement’s Missing Endangered Persons
   79  Information Clearinghouse. To enhance the local or regional
   80  efforts, in cases in which a vehicle is involved, the
   81  clearinghouse must coordinate with the Department of
   82  Transportation and the Department of Highway Safety and Motor
   83  Vehicles for the activation of dynamic message signs on state
   84  highways and the immediate broadcast of critical information to
   85  the public about the missing adult in accordance with the alert.
   86         (d)If a traffic emergency arises requiring that
   87  information pertaining to the traffic emergency be displayed on
   88  a dynamic message sign on a state highway in lieu of an Orange
   89  Alert, the agency responsible for posting the Orange Alert on
   90  the dynamic message sign does not violate this section.
   91         (5)The Orange Alert must include procedures to monitor the
   92  use and activation of this system and the results from its use.
   93  The Orange Alert must also include a strategy for informing and
   94  educating law enforcement, the media, and other stakeholders
   95  about the alert.
   96         (6)The Department of Law Enforcement may adopt rules to
   97  implement and administer this section.
   98         Section 176. Effective July 1, 2020, paragraphs (c), (d),
   99  and (e) of subsection (5) of section 937.021, Florida Statutes,
  100  are amended to read:
  101         937.021 Missing child and missing adult reports.—
  102         (5)
  103         (c) Upon receiving a request to record, report, transmit,
  104  display, or release Silver Alert or Orange Alert information
  105  from the law enforcement agency having jurisdiction over the
  106  missing adult, the Department of Law Enforcement as the state
  107  Silver Alert and the Orange Alert coordinator, any state or
  108  local law enforcement agency, and the personnel of these
  109  agencies; any radio or television network, broadcaster, or other
  110  media representative; any dealer of communications services as
  111  defined in s. 202.11; or any agency, employee, individual, or
  112  entity is immune from civil liability for damages for complying
  113  in good faith with the request and is presumed to have acted in
  114  good faith in recording, reporting, transmitting, displaying, or
  115  releasing Silver Alert or Orange Alert information pertaining to
  116  the missing adult.
  117         (d) The presumption of good faith is not overcome if a
  118  technical or clerical error is made by any agency, employee,
  119  individual, or entity acting at the request of the local law
  120  enforcement agency having jurisdiction, or if the Amber Alert,
  121  Missing Child Alert, missing child information, missing adult
  122  information, or Silver Alert, or Orange Alert information is
  123  incomplete or incorrect because the information received from
  124  the local law enforcement agency was incomplete or incorrect.
  125         (e) Neither this subsection nor any other provision of law
  126  creates a duty of the agency, employee, individual, or entity to
  127  record, report, transmit, display, or release the Amber Alert,
  128  Missing Child Alert, missing child information, missing adult
  129  information, or Silver Alert, or Orange Alert information
  130  received from the local law enforcement agency having
  131  jurisdiction. The decision to record, report, transmit, display,
  132  or release information is discretionary with the agency,
  133  employee, individual, or entity receiving the information.
  134         Section 177.  Effective July 1, 2020, paragraph (b) of
  135  subsection (3) of section 937.022, Florida Statutes, is amended
  136  to read:
  137         937.022 Missing Endangered Persons Information
  138  Clearinghouse.—
  139         (3) The clearinghouse shall:
  140         (b) Provide a centralized file for the exchange of
  141  information on missing endangered persons.
  142         1. Every state, county, or municipal law enforcement agency
  143  shall submit to the clearinghouse information concerning missing
  144  endangered persons.
  145         2. Any person having knowledge may submit a missing
  146  endangered person report to the clearinghouse concerning a child
  147  or adult younger than 26 years of age whose whereabouts is
  148  unknown, regardless of the circumstances, subsequent to
  149  reporting such child or adult missing to the appropriate law
  150  enforcement agency within the county in which the child or adult
  151  became missing, and subsequent to entry by the law enforcement
  152  agency of the child or person into the Florida Crime Information
  153  Center and the National Crime Information Center databases. The
  154  missing endangered person report shall be included in the
  155  clearinghouse database.
  156         3. Only the law enforcement agency having jurisdiction over
  157  the case may submit a missing endangered person report to the
  158  clearinghouse involving a missing adult age 26 years or older
  159  who is suspected by a law enforcement agency of being endangered
  160  or the victim of criminal activity.
  161         4. Only the law enforcement agency having jurisdiction over
  162  the case may make a request to the clearinghouse for the
  163  activation of a state Silver Alert or an Orange Alert involving
  164  a missing adult if circumstances regarding the disappearance
  165  have met the criteria for activation of the Silver Alert Plan or
  166  the Orange Alert.
  167         Section 178. Effective July 1, 2020, paragraph (d) of
  168  subsection (6) and subsection (9) of section 429.918, Florida
  169  Statutes, are amended to read:
  170         429.918 Licensure designation as a specialized Alzheimer’s
  171  services adult day care center.—
  172         (6)
  173         (d) Each employee hired on or after July 1, 2012, who
  174  provides direct care to ADRD participants, must receive and
  175  review an orientation plan that includes, at a minimum:
  176         1. Procedures to locate an ADRD participant who has
  177  wandered from the center. These procedures shall be reviewed
  178  regularly with all direct care staff.
  179         2. Information on the Silver Alert program and the Orange
  180  Alert in this state.
  181         3. Information regarding available products or programs
  182  used to identify ADRD participants or prevent them from
  183  wandering away from the center, their home, or other locations.
  184         (9) An adult day care center having a license designated
  185  under this section must give to each person who enrolls as an
  186  ADRD participant in the center, or the caregiver, a copy of the
  187  ADRD participant’s plan of care, as well as information
  188  regarding resources to assist in ensuring the safety and
  189  security of the ADRD participant, which must include, but need
  190  not be limited to, information pertaining to driving for those
  191  persons affected by dementia, available technology on wandering
  192  prevention devices and identification devices, the Silver Alert
  193  program and the Orange Alert in this state, and dementia
  194  specific safety interventions and strategies that can be used in
  195  the home setting.
  196         Section 179. For the 2019-2020 fiscal year, the sums of
  197  $152,836 in recurring and $170,000 in nonrecurring funds from
  198  the General Revenue Fund are appropriated to the Florida
  199  Department of Law Enforcement, and three full-time equivalent
  200  positions with an associated salary rate of 83,779 are
  201  authorized for the purpose of implementing ss. 937.0201,
  202  937.0205, 937.021, 937.022, and 429.918, Florida Statutes, as
  203  amended or created by this act.
  205  ================= T I T L E  A M E N D M E N T ================
  206  And the title is amended as follows:
  207         Between lines 722 and 723
  208  insert:
  209         amending s. 937.0201, F.S.; redefining the term
  210         “missing endangered person” to include a missing adult
  211         who meets the criteria for activation of the Orange
  212         Alert of the Department of Law Enforcement; creating
  213         s. 937.0205, F.S.; providing legislative findings and
  214         intent; requiring the Department of Law Enforcement,
  215         in cooperation with the Department of Transportation,
  216         the Department of Highway Safety and Motor Vehicles,
  217         the Department of the Lottery, and local law
  218         enforcement agencies, to establish and implement the
  219         Orange Alert; providing alert requirements;
  220         authorizing local law enforcement agencies to
  221         broadcast to subscribers of notifications, to the
  222         media, and on lottery terminals about certain missing
  223         adults; specifying which local law enforcement agency
  224         may broadcast such information; authorizing the local
  225         law enforcement agency to request that a case be
  226         opened with the Department of Law Enforcement’s
  227         Missing Endangered Persons Information Clearinghouse;
  228         requiring the clearinghouse to coordinate with the
  229         Department of Transportation and the Department of
  230         Highway Safety and Motor Vehicles for the activation
  231         of dynamic message signs on state highways and the
  232         immediate broadcast of certain critical information
  233         under certain circumstances; specifying that an agency
  234         responsible for posting an Orange Alert on dynamic
  235         message signs does not violate the act if other
  236         emergency information must be posted instead;
  237         requiring the Orange Alert to include certain
  238         procedures; specifying additional requirements for the
  239         alert; authorizing the Department of Law Enforcement
  240         to adopt rules; amending s. 937.021, F.S.; providing
  241         that the Department of Law Enforcement, as the Orange
  242         Alert coordinator, and certain agencies, employees,
  243         individuals, and entities are immune from civil
  244         liability for damages for performing certain actions
  245         in good faith; providing that the presumption of good
  246         faith is not overcome under certain circumstances;
  247         providing construction; amending s. 937.022, F.S.;
  248         authorizing only the law enforcement agency having
  249         jurisdiction over a case to make a request to the
  250         clearinghouse for the activation of a state Orange
  251         Alert involving a missing adult under certain
  252         circumstances; amending s. 429.918, F.S.; conforming
  253         provisions to changes made by the act; providing an
  254         appropriation;