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.