Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. SB 844
       
       
       
       
       
       
                                Ì750262ÃÎ750262                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/14/2019           .                                
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       The Committee on Infrastructure and Security (Berman)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (4) of section 937.0201, Florida
    6  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 At-Risk Adult Alert Plan of the Department of Law
   18  Enforcement pursuant to s. 937.0205.
   19         Section 2. Section 937.0205, Florida Statutes, is created
   20  to read:
   21         937.0205At-Risk Adult Alert Plan.—
   22         (1)The Legislature finds that a standardized state system
   23  is necessary to aid in the search for a missing adult who has an
   24  irreversible cognitive disorder or syndrome or brain injury,
   25  whose disappearance poses a credible threat to the person’s
   26  welfare and safety, and who does not meet the criteria for
   27  activation of the Silver Alert Plan of the Department of Law
   28  Enforcement. The Legislature also finds that a coordinated local
   29  law enforcement and state agency response with prompt and
   30  widespread sharing of information will improve the chances of
   31  the person being found. Therefore, the Legislature intends to
   32  establish the At-Risk Adult Alert Plan pursuant to this section.
   33         (2)It is the intent of the Legislature that the At-Risk
   34  Adult Alert Plan be established and implemented in a manner that
   35  seeks to safeguard the privacy rights and related health and
   36  diagnostic information of the missing adult to the greatest
   37  extent practicable.
   38         (3)The Department of Law Enforcement, in cooperation with
   39  the Department of Transportation, the Department of Highway
   40  Safety and Motor Vehicles, the Department of the Lottery, and
   41  local law enforcement agencies, shall establish and implement
   42  the At-Risk Adult Alert Plan. At a minimum, the At-Risk Adult
   43  Alert Plan must:
   44         (a)Provide for the protection of the privacy, dignity,
   45  independence, and autonomy of the missing adult by including
   46  standards that aim to safeguard these civil liberties through
   47  preventing the inadvertent or unnecessary broadcasting or
   48  dissemination of sensitive health and diagnostic information in
   49  unwarranted circumstances; and
   50         (b)Provide that the broadcasting and dissemination of
   51  alerts and related information be limited to the geographic
   52  areas where the missing adult could reasonably be, considering
   53  the person’s circumstances and physical and mental condition,
   54  the modes of transportation available to the person, and the
   55  circumstances of the person’s disappearance.
   56         (4)(a)Under the At-Risk Adult Alert Plan, a local law
   57  enforcement agency may broadcast to persons who subscribe for
   58  notifications and to the media about a missing adult:
   59         1.Who has an irreversible cognitive disorder or syndrome
   60  or brain injury, including, but not limited to, a developmental
   61  disability or an intellectual disability, as those terms are
   62  defined in s. 393.063;
   63         2.Whose disappearance poses a credible threat to the
   64  person’s welfare and safety; 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 plan, the local law enforcement agency may
   77  also request that a case be opened with the Department of Law
   78  Enforcement’s Missing Endangered Persons Information
   79  Clearinghouse. To enhance the local or regional efforts, in
   80  cases in which a vehicle is involved, the clearinghouse must
   81  coordinate with the Department of Transportation and the
   82  Department of Highway Safety and Motor Vehicles for the
   83  activation of dynamic message signs on state highways and the
   84  immediate broadcast of critical information to the public about
   85  the missing adult in accordance with the plan.
   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 At-Risk
   89  Adult Alert, the agency responsible for posting the At-Risk
   90  Adult Alert on the dynamic message sign does not violate this
   91  section.
   92         (5)The At-Risk Adult Alert Plan must include procedures to
   93  monitor the use and activation of this system and the results
   94  from its use. The plan must also include a strategy for
   95  informing and educating law enforcement, the media, and other
   96  stakeholders about the plan.
   97         (6)The Department of Law Enforcement may adopt rules to
   98  implement and administer this section.
   99         Section 3. Paragraphs (c), (d), and (e) of subsection (5)
  100  of section 937.021, Florida Statutes, 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 At-Risk Adult Alert
  105  information from the law enforcement agency having jurisdiction
  106  over the missing adult, the Department of Law Enforcement as the
  107  state Silver Alert and the At-Risk Adult Alert coordinator, any
  108  state or local law enforcement agency, and the personnel of
  109  these agencies; any radio or television network, broadcaster, or
  110  other media representative; any dealer of communications
  111  services as defined in s. 202.11; or any agency, employee,
  112  individual, or entity is immune from civil liability for damages
  113  for complying in good faith with the request and is presumed to
  114  have acted in good faith in recording, reporting, transmitting,
  115  displaying, or releasing Silver Alert or At-Risk Adult Alert
  116  information pertaining to 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 At-Risk Adult Alert information
  123  is 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 At-Risk Adult 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 4. Paragraph (b) of subsection (3) of section
  135  937.022, Florida Statutes, is amended to read:
  136         937.022 Missing Endangered Persons Information
  137  Clearinghouse.—
  138         (3) The clearinghouse shall:
  139         (b) Provide a centralized file for the exchange of
  140  information on missing endangered persons.
  141         1. Every state, county, or municipal law enforcement agency
  142  shall submit to the clearinghouse information concerning missing
  143  endangered persons.
  144         2. Any person having knowledge may submit a missing
  145  endangered person report to the clearinghouse concerning a child
  146  or adult younger than 26 years of age whose whereabouts is
  147  unknown, regardless of the circumstances, subsequent to
  148  reporting such child or adult missing to the appropriate law
  149  enforcement agency within the county in which the child or adult
  150  became missing, and subsequent to entry by the law enforcement
  151  agency of the child or person into the Florida Crime Information
  152  Center and the National Crime Information Center databases. The
  153  missing endangered person report shall be included in the
  154  clearinghouse database.
  155         3. Only the law enforcement agency having jurisdiction over
  156  the case may submit a missing endangered person report to the
  157  clearinghouse involving a missing adult age 26 years or older
  158  who is suspected by a law enforcement agency of being endangered
  159  or the victim of criminal activity.
  160         4. Only the law enforcement agency having jurisdiction over
  161  the case may make a request to the clearinghouse for the
  162  activation of a state Silver Alert or an At-Risk Adult Alert
  163  involving a missing adult if circumstances regarding the
  164  disappearance have met the criteria for activation of the Silver
  165  Alert or the At-Risk Adult Alert Plan.
  166         Section 5. Paragraph (d) of subsection (6) and subsection
  167  (9) of section 429.918, Florida Statutes, are amended to read:
  168         429.918 Licensure designation as a specialized Alzheimer’s
  169  services adult day care center.—
  170         (6)
  171         (d) Each employee hired on or after July 1, 2012, who
  172  provides direct care to ADRD participants, must receive and
  173  review an orientation plan that includes, at a minimum:
  174         1. Procedures to locate an ADRD participant who has
  175  wandered from the center. These procedures shall be reviewed
  176  regularly with all direct care staff.
  177         2. Information on the Silver Alert program and the At-Risk
  178  Adult Alert Plan in this state.
  179         3. Information regarding available products or programs
  180  used to identify ADRD participants or prevent them from
  181  wandering away from the center, their home, or other locations.
  182         (9) An adult day care center having a license designated
  183  under this section must give to each person who enrolls as an
  184  ADRD participant in the center, or the caregiver, a copy of the
  185  ADRD participant’s plan of care, as well as information
  186  regarding resources to assist in ensuring the safety and
  187  security of the ADRD participant, which must include, but need
  188  not be limited to, information pertaining to driving for those
  189  persons affected by dementia, available technology on wandering
  190  prevention devices and identification devices, the Silver Alert
  191  program and the At-Risk Adult Alert Plan in this state, and
  192  dementia-specific safety interventions and strategies that can
  193  be used in the home setting.
  194         Section 6. This act shall take effect July 1, 2020.
  195  
  196  ================= T I T L E  A M E N D M E N T ================
  197  And the title is amended as follows:
  198         Delete everything before the enacting clause
  199  and insert:
  200                        A bill to be entitled                      
  201         An act relating to the At-Risk Adult Alert Plan;
  202         amending s. 937.0201, F.S.; redefining the term
  203         “missing endangered person” to include a missing adult
  204         who meets the criteria for activation of the At-Risk
  205         Adult Alert Plan of the Department of Law Enforcement;
  206         creating s. 937.0205, F.S.; providing legislative
  207         findings and intent; requiring the Department of Law
  208         Enforcement, in cooperation with the Department of
  209         Transportation, the Department of Highway Safety and
  210         Motor Vehicles, the Department of the Lottery, and
  211         local law enforcement agencies, to establish and
  212         implement the At-Risk Adult Alert Plan; providing plan
  213         requirements; authorizing local law enforcement
  214         agencies to broadcast to subscribers of notifications,
  215         to the media, and on lottery terminals about certain
  216         missing adults; specifying which local law enforcement
  217         agency may broadcast such information; authorizing the
  218         local law enforcement agency to request that a case be
  219         opened with the Department of Law Enforcement’s
  220         Missing Endangered Persons Information Clearinghouse;
  221         requiring the clearinghouse to coordinate with the
  222         Department of Transportation and the Department of
  223         Highway Safety and Motor Vehicles for the activation
  224         of dynamic message signs on state highways and the
  225         immediate broadcast of certain critical information
  226         under certain circumstances; specifying that an agency
  227         responsible for posting an At-Risk Adult Alert on
  228         dynamic message signs does not violate the act if
  229         other emergency information must be posted instead;
  230         requiring the At-Risk Adult Alert Plan to include
  231         certain procedures; specifying additional requirements
  232         for the plan; authorizing the Department of Law
  233         Enforcement to adopt rules; amending s. 937.021, F.S.;
  234         providing that the Department of Law Enforcement, as
  235         the At-Risk Adult Alert coordinator, and certain
  236         agencies, employees, individuals, and entities are
  237         immune from civil liability for damages for performing
  238         certain actions in good faith; providing that the
  239         presumption of good faith is not overcome under
  240         certain circumstances; providing construction;
  241         amending s. 937.022, F.S.; authorizing only the law
  242         enforcement agency having jurisdiction over a case to
  243         make a request to the clearinghouse for the activation
  244         of a state At-Risk Adult Alert involving a missing
  245         adult under certain circumstances; amending s.
  246         429.918, F.S.; conforming provisions to changes made
  247         by the act; providing an effective date.