Florida Senate - 2019 SB 790 By Senator Simmons 9-00656-19 2019790__ 1 A bill to be entitled 2 An act relating to emergency alerts; creating s. 3 316.02703, F.S.; defining terms; authorizing a law 4 enforcement agency to request the Florida Highway 5 Patrol to activate a Yellow Alert if a hit-and-run 6 incident is reported to the agency and the agency 7 determines that specified requirements are satisfied; 8 authorizing the Florida Highway Patrol, if it concurs 9 that the specified requirements are satisfied, to 10 activate a Yellow Alert within the geographic area 11 requested by the agency; providing that radio, 12 television, and cable and satellite systems are 13 encouraged to cooperate in disseminating the 14 information in a Yellow Alert; requiring the Florida 15 Highway Patrol, upon activation of the alert, to 16 assist the investigating law enforcement agency by 17 issuing the alert, in cooperation with the Department 18 of Highway Safety and Motor Vehicles and the 19 Department of Transportation, using certain dynamic 20 message signs; authorizing the Florida Highway Patrol 21 to prioritize the activation of alerts if multiple 22 Yellow Alerts are requested, subject to certain 23 requirements; specifying the conditions that an agency 24 must determine to have been satisfied in order for the 25 agency to be allowed to request that a Yellow Alert be 26 activated; creating s. 784.072, F.S.; defining terms; 27 authorizing a local law enforcement agency to activate 28 the Emergency Alert System and issue a Lockdown Alert 29 to public and private schools and child care 30 facilities under certain circumstances; requiring 31 local law enforcement agencies to create and maintain 32 a list of all public schools, private schools, and 33 child care facilities within their jurisdictions for 34 specified purposes; authorizing public or private 35 schools or child care facilities to contact their 36 local law enforcement agencies to verify that they are 37 included on the list or to register for inclusion on 38 the list; requiring a local law enforcement agency to 39 take a private school or child care facility off the 40 list if the school or facility requests that it be 41 taken off the list; requiring the Department of Law 42 Enforcement, in cooperation with the Department of 43 Highway Safety and Motor Vehicles and the Department 44 of Transportation, to activate the Emergency Alert 45 System and issue an Imminent Threat Alert to the 46 public at the request of a local law enforcement 47 agency under certain circumstances; specifying 48 information that, if available, must be provided in 49 Imminent Threat Alerts; requiring Imminent Threat 50 Alerts to be disseminated to the public through the 51 Emergency Alert System and through the use of certain 52 dynamic message signs; providing that the agency 53 responsible for posting the Imminent Threat Alert on 54 the dynamic message sign does not violate this section 55 if certain traffic emergency information is displayed 56 on the sign in lieu of the alert; providing an 57 effective date. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1. Section 316.02703, Florida Statutes, is created 62 to read: 63 316.02703 Hit-and-run incidents; Yellow Alert.— 64 (1) As used in this section, the term: 65 (a) “Serious bodily injury” means an injury that involves, 66 either at the time of the actual injury or at a later time, a 67 substantial risk of serious and permanent disfigurement; a 68 substantial risk of protracted loss or impairment of the 69 function of any part of the body; or a break, fracture, or burn 70 of the second or third degree. 71 (b) “Yellow Alert” means a notification system activated 72 pursuant to subsection (2) which is designed to issue and 73 coordinate alerts with respect to a hit-and-run incident 74 resulting in the death or serious bodily injury of a person. 75 (2)(a) If a hit-and-run incident is reported to a law 76 enforcement agency and that agency determines that the 77 requirements of subsection (3) are satisfied, the agency may 78 request the Florida Highway Patrol to activate a Yellow Alert. 79 If the Florida Highway Patrol concurs that the requirements of 80 subsection (3) are satisfied, it may activate a Yellow Alert 81 within the geographic area requested by the investigating law 82 enforcement agency. 83 (b) Radio, television, and cable and satellite systems are 84 encouraged, but not required, to cooperate in disseminating the 85 information in a Yellow Alert. 86 (c) Upon activation of a Yellow Alert, the Florida Highway 87 Patrol must assist the investigating law enforcement agency by 88 issuing the Yellow Alert, in cooperation with the Department of 89 Highway Safety and Motor Vehicles and the Department of 90 Transportation, through the use of the dynamic message signs 91 that are located along the state’s highways. 92 (d) If there are multiple Yellow Alerts requested, the 93 Florida Highway Patrol may prioritize the activation of alerts 94 based on factors that include, but are not limited to, the 95 severity of the injuries resulting from a hit-and-run incident, 96 the time elapsed between a hit-and-run incident and the request 97 for the Yellow Alert activation, or the likelihood that an 98 activation would reasonably lead to the apprehension of a 99 suspect. 100 (3) A law enforcement agency may request that a Yellow 101 Alert be activated if the agency determines that all of the 102 following conditions are satisfied by the investigation of the 103 hit-and-run incident: 104 (a) A person has been killed or has suffered serious bodily 105 injury due to the hit-and-run incident. 106 (b) There is an indication that a suspect has fled the 107 scene of the hit-and-run incident using the state highway system 108 or is likely to be observed by the public on the state highway 109 system. 110 (c) The investigating law enforcement agency has additional 111 information concerning the suspect or the suspect’s vehicle, 112 including, but not limited to, any of the following: 113 1. The complete license plate number of the suspect’s 114 vehicle. 115 2. A partial license plate number and additional unique 116 identifying characteristics, such as the make, model, and color 117 of the suspect’s vehicle, which could reasonably lead to the 118 apprehension of the suspect. 119 3. The identity of the suspect. 120 (d) Public dissemination of available information could 121 either help avert further harm or hasten apprehension of the 122 suspect based on factors that include, but are not limited to, 123 the severity of the injuries resulting from the hit-and-run 124 incident, the time elapsed between the hit-and-run incident and 125 the request for the Yellow Alert activation, or the likelihood 126 that an activation would reasonably lead to the apprehension of 127 a suspect. 128 Section 2. Section 784.072, Florida Statutes, is created to 129 read: 130 784.072 Notification of imminent threat to schools and 131 child care facilities or the public; Imminent Threat Alert; 132 Lockdown Alert.— 133 (1) As used in this section, the term: 134 (a) “Child care facility” has the same meaning as in s. 135 402.302. 136 (b) “Imminent Threat Alert” means a notification issued 137 pursuant to subsection (3) which informs the public that the 138 lives and safety of citizens are endangered by an imminent 139 threat that may include, but is not limited to, instances in 140 which a person suspected of killing or causing serious bodily 141 injury to another person or of assaulting another person with a 142 deadly weapon has fled the scene of the offense. 143 (c) “Lockdown Alert” means a notification issued pursuant 144 to subsection (2) which informs public schools, private schools, 145 and child care facilities that an imminent threat exists, 146 including, but not limited to, instances in which a person 147 suspected of killing or causing serious bodily injury to another 148 person or of assaulting another person with a deadly weapon has 149 fled the scene of the offense. The alert advises the schools and 150 facilities to lock their doors and encourages persons in those 151 schools and facilities to remain on lockdown and to be vigilant 152 in watching for and reporting any suspicious activity. 153 (d) “Private school” has the same meaning as in s. 1002.01. 154 (2)(a) A local law enforcement agency that has jurisdiction 155 over the scene of an incident giving rise to an imminent threat 156 to members of the public may activate the Emergency Alert System 157 and issue a Lockdown Alert to all public and private schools and 158 child care facilities that it determines are at risk, given 159 their proximity to the incident, including, but not limited to, 160 an incident in which all of the following conditions are 161 satisfied: 162 1. A person has been killed or has suffered serious bodily 163 injury, or a person has been assaulted with a deadly weapon by 164 another person. 165 2. The person suspected of committing the offense has fled 166 the scene. 167 3. The local law enforcement agency investigating the 168 offense has determined that the suspect poses an imminent threat 169 to the public safety. 170 (b) For purposes of complying with this subsection, each 171 local law enforcement agency shall create and maintain a list of 172 all public schools, private schools, and child care facilities 173 within its jurisdiction. 174 (c) A public or private school or child care facility may 175 contact local law enforcement agencies to verify that it is 176 included on the list to receive a Lockdown Alert or to register 177 to be included on the list. A local law enforcement agency must 178 take a private school or child care facility off the list if the 179 school or facility requests that it be taken off the list. 180 (3) At the request of a local law enforcement agency, the 181 Department of Law Enforcement, in cooperation with the 182 Department of Highway Safety and Motor Vehicles and the 183 Department of Transportation, shall activate the Emergency Alert 184 System and issue an Imminent Threat Alert to the public when the 185 local law enforcement agency confirms that an imminent threat to 186 the public exists, including, but not limited to, an incident in 187 which all of the following conditions are satisfied: 188 (a) A person has been killed or has suffered serious bodily 189 injury, or a person has been assaulted with a deadly weapon by 190 another person. 191 (b) The person suspected of committing the offense has fled 192 the scene. 193 (c) The local law enforcement agency investigating the 194 offense has determined that the suspect poses an imminent threat 195 to the public safety. 196 (4) An Imminent Threat Alert must, to the extent 197 practicable, provide a detailed description of a suspect’s 198 vehicle or other means of escape, the license plate number of 199 the suspect’s vehicle, or any other available information that 200 may assist in averting further harm or in the apprehension of a 201 suspect. 202 (5)(a) An Imminent Threat Alert must be immediately 203 disseminated to the public through the Emergency Alert System 204 and through the use of the dynamic message signs that are 205 located along the State Highway System. 206 (b) If a traffic emergency arises requiring that 207 information pertaining to the traffic emergency be displayed on 208 a dynamic message sign on a state highway in lieu of an Imminent 209 Threat Alert, the agency responsible for posting the Imminent 210 Threat Alert on the dynamic message sign does not violate this 211 section. 212 Section 3. This act shall take effect October 1, 2019.