Florida Senate - 2019                                     SB 844
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00211A-19                                           2019844__
    1                        A bill to be entitled                      
    2         An act relating to the At-Risk Adult Alert Plan;
    3         amending s. 937.0201, F.S.; redefining the term
    4         “missing endangered person” to include a missing adult
    5         who meets the criteria for activation of the At-Risk
    6         Adult Alert Plan of the Department of Law Enforcement;
    7         creating s. 937.0205, F.S.; providing legislative
    8         findings and intent; requiring the Department of Law
    9         Enforcement, in cooperation with the Department of
   10         Transportation, the Department of Highway Safety and
   11         Motor Vehicles, and local law enforcement agencies, to
   12         establish and implement the At-Risk Adult Alert Plan;
   13         providing plan requirements; requiring a local law
   14         enforcement agency to broadcast information to the
   15         public and the media about certain missing adults;
   16         specifying which local law enforcement agency must
   17         broadcast such information; authorizing the local law
   18         enforcement agency to request that a case be opened
   19         with the Department of Law Enforcement’s Missing
   20         Endangered Persons Information Clearinghouse;
   21         requiring the clearinghouse to coordinate with the
   22         Department of Transportation and the Department of
   23         Highway Safety and Motor Vehicles for the activation
   24         of dynamic message signs on state highways and the
   25         immediate broadcast of certain critical information
   26         under certain circumstances; specifying that an agency
   27         responsible for posting an At-Risk Adult Alert on
   28         dynamic message signs does not violate the act if
   29         other emergency information must be posted instead;
   30         requiring the At-Risk Adult Alert Plan to include
   31         certain procedures; specifying additional requirements
   32         for the plan; requiring the Department of Law
   33         Enforcement to adopt rules; amending s. 937.021, F.S.;
   34         providing that the Department of Law Enforcement, as
   35         the At-Risk Adult Alert coordinator, and certain
   36         agencies, employees, individuals, and entities are
   37         immune from civil liability for damages for performing
   38         certain actions in good faith; providing that the
   39         presumption of good faith is not overcome under
   40         certain circumstances; providing construction;
   41         amending s. 937.022, F.S.; authorizing only the law
   42         enforcement agency having jurisdiction over a case to
   43         make a request to the clearinghouse for the activation
   44         of a state At-Risk Adult Alert involving a missing
   45         adult under certain circumstances; amending s.
   46         429.918, F.S.; conforming provisions to changes made
   47         by the act; providing an effective date.
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Subsection (4) of section 937.0201, Florida
   52  Statutes, is amended to read:
   53         937.0201 Definitions.—As used in this chapter, the term:
   54         (4) “Missing endangered person” means any of the following:
   55         (a) A missing child.;
   56         (b) A missing adult younger than 26 years of age.;
   57         (c) A missing adult 26 years of age or older who is
   58  suspected by a law enforcement agency of being endangered or the
   59  victim of criminal activity.; or
   60         (d) A missing adult who meets the criteria for activation
   61  of the Silver Alert Plan of the Department of Law Enforcement.
   62         (e)A missing adult who meets the criteria for activation
   63  of the At-Risk Adult Alert Plan of the Department of Law
   64  Enforcement pursuant to s. 937.0205.
   65         Section 2. Section 937.0205, Florida Statutes, is created
   66  to read:
   67         937.0205At-Risk Adult Alert Plan.—
   68         (1)The Legislature finds that a standardized state system
   69  is necessary to aid in the search for a missing adult who has a
   70  verified mental or cognitive impairment, whose disappearance
   71  poses a credible threat to the person’s welfare and safety, and
   72  who does not meet the criteria for activation of the Silver
   73  Alert Plan of the Department of Law Enforcement. The Legislature
   74  also finds that a coordinated local law enforcement and state
   75  agency response with prompt and widespread sharing of
   76  information will improve the chances of the person being found.
   77  Therefore, the Legislature intends to establish the At-Risk
   78  Adult Alert Plan pursuant to this section.
   79         (2)It is the intent of the Legislature that the At-Risk
   80  Adult Alert Plan be established and implemented in a manner that
   81  seeks to safeguard the privacy rights and related health and
   82  diagnostic information of the missing adult to the greatest
   83  extent practicable.
   84         (3)The Department of Law Enforcement, in cooperation with
   85  the Department of Transportation, the Department of Highway
   86  Safety and Motor Vehicles, and local law enforcement agencies,
   87  shall establish and implement the At-Risk Adult Alert Plan. At a
   88  minimum, the At-Risk Adult Alert Plan must:
   89         (a)Provide for the protection of the privacy, dignity,
   90  independence, and autonomy of the missing adult by including
   91  standards that aim to safeguard these civil liberties through
   92  preventing the inadvertent or unnecessary broadcasting or
   93  dissemination of sensitive health and diagnostic information in
   94  unwarranted circumstances.
   95         (b)Provide that the broadcasting and dissemination of
   96  alerts and related information be limited to the geographic
   97  areas where the missing adult could reasonably be, considering
   98  the person’s circumstances and physical and mental condition,
   99  the modes of transportation available to the person, and the
  100  circumstances of the person’s disappearance.
  101         (4)(a)Under the At-Risk Adult Alert Plan, a local law
  102  enforcement agency shall broadcast information to the public and
  103  the media about a missing adult:
  104         1.Who has a verified mental or cognitive impairment;
  105         2.Whose disappearance poses a credible threat to the
  106  person’s welfare and safety; and
  107         3.Who does not meet the criteria for activation of the
  108  Silver Alert Plan of the Department of Law Enforcement.
  109         (b)The local law enforcement agency broadcasting such
  110  information must be the agency that is best able to notify the
  111  media and disseminate the information by cellular telephone
  112  alerts and other technologies in order to communicate with the
  113  residents in the jurisdiction where the missing adult is
  114  believed to be.
  115         (c)Under the plan, the local law enforcement agency may
  116  also request that a case be opened with the Department of Law
  117  Enforcement’s Missing Endangered Persons Information
  118  Clearinghouse. To enhance the local or regional efforts, in
  119  cases in which a vehicle is involved, the clearinghouse must
  120  coordinate with the Department of Transportation and the
  121  Department of Highway Safety and Motor Vehicles for the
  122  activation of dynamic message signs on state highways and the
  123  immediate broadcast of critical information to the public about
  124  the missing adult in accordance with the plan.
  125         (d)If a traffic emergency arises requiring that
  126  information pertaining to the traffic emergency be displayed on
  127  a dynamic message sign on a state highway in lieu of an At-Risk
  128  Adult Alert, the agency responsible for posting the At-Risk
  129  Adult Alert on the dynamic message sign does not violate this
  130  section.
  131         (5)The At-Risk Adult Alert Plan must include procedures to
  132  monitor the use and activation of this system and the results
  133  from its use. The plan must also include a strategy for
  134  informing and educating law enforcement, the media, and other
  135  stakeholders about the plan.
  136         (6)The Department of Law Enforcement shall adopt rules to
  137  implement and administer this section.
  138         Section 3. Paragraphs (c), (d), and (e) of subsection (5)
  139  of section 937.021, Florida Statutes, are amended to read:
  140         937.021 Missing child and missing adult reports.—
  141         (5)
  142         (c) Upon receiving a request to record, report, transmit,
  143  display, or release Silver Alert or At-Risk Adult Alert
  144  information from the law enforcement agency having jurisdiction
  145  over the missing adult, the Department of Law Enforcement as the
  146  state Silver Alert and At-Risk Adult Alert coordinator, any
  147  state or local law enforcement agency, and the personnel of
  148  these agencies; any radio or television network, broadcaster, or
  149  other media representative; any dealer of communications
  150  services as defined in s. 202.11; or any agency, employee,
  151  individual, or entity is immune from civil liability for damages
  152  for complying in good faith with the request and is presumed to
  153  have acted in good faith in recording, reporting, transmitting,
  154  displaying, or releasing Silver Alert or At-Risk Adult Alert
  155  information pertaining to the missing adult.
  156         (d) The presumption of good faith is not overcome if a
  157  technical or clerical error is made by any agency, employee,
  158  individual, or entity acting at the request of the local law
  159  enforcement agency having jurisdiction, or if the Amber Alert,
  160  Missing Child Alert, missing child information, missing adult
  161  information, or Silver Alert, or At-Risk Adult Alert information
  162  is incomplete or incorrect because the information received from
  163  the local law enforcement agency was incomplete or incorrect.
  164         (e) Neither this subsection nor any other provision of law
  165  creates a duty of the agency, employee, individual, or entity to
  166  record, report, transmit, display, or release the Amber Alert,
  167  Missing Child Alert, missing child information, missing adult
  168  information, or Silver Alert, or At-Risk Adult Alert information
  169  received from the local law enforcement agency having
  170  jurisdiction. The decision to record, report, transmit, display,
  171  or release information is discretionary with the agency,
  172  employee, individual, or entity receiving the information.
  173         Section 4. Paragraph (b) of subsection (3) of section
  174  937.022, Florida Statutes, is amended to read:
  175         937.022 Missing Endangered Persons Information
  176  Clearinghouse.—
  177         (3) The clearinghouse shall:
  178         (b) Provide a centralized file for the exchange of
  179  information on missing endangered persons.
  180         1. Every state, county, or municipal law enforcement agency
  181  shall submit to the clearinghouse information concerning missing
  182  endangered persons.
  183         2. Any person having knowledge may submit a missing
  184  endangered person report to the clearinghouse concerning a child
  185  or adult younger than 26 years of age whose whereabouts is
  186  unknown, regardless of the circumstances, subsequent to
  187  reporting such child or adult missing to the appropriate law
  188  enforcement agency within the county in which the child or adult
  189  became missing, and subsequent to entry by the law enforcement
  190  agency of the child or person into the Florida Crime Information
  191  Center and the National Crime Information Center databases. The
  192  missing endangered person report shall be included in the
  193  clearinghouse database.
  194         3. Only the law enforcement agency having jurisdiction over
  195  the case may submit a missing endangered person report to the
  196  clearinghouse involving a missing adult age 26 years or older
  197  who is suspected by a law enforcement agency of being endangered
  198  or the victim of criminal activity.
  199         4. Only the law enforcement agency having jurisdiction over
  200  the case may make a request to the clearinghouse for the
  201  activation of a state Silver Alert or an At-Risk Adult Alert
  202  involving a missing adult if circumstances regarding the
  203  disappearance have met the criteria for activation of the Silver
  204  Alert or an At-Risk Adult Alert Plan.
  205         Section 5. Paragraph (d) of subsection (6) and subsection
  206  (9) of section 429.918, Florida Statutes, are amended to read:
  207         429.918 Licensure designation as a specialized Alzheimer’s
  208  services adult day care center.—
  209         (6)
  210         (d) Each employee hired on or after July 1, 2012, who
  211  provides direct care to ADRD participants, must receive and
  212  review an orientation plan that includes, at a minimum:
  213         1. Procedures to locate an ADRD participant who has
  214  wandered from the center. These procedures shall be reviewed
  215  regularly with all direct care staff.
  216         2. Information on the Silver Alert program and the At-Risk
  217  Adult Alert Plan in this state.
  218         3. Information regarding available products or programs
  219  used to identify ADRD participants or prevent them from
  220  wandering away from the center, their home, or other locations.
  221         (9) An adult day care center having a license designated
  222  under this section must give to each person who enrolls as an
  223  ADRD participant in the center, or the caregiver, a copy of the
  224  ADRD participant’s plan of care, as well as information
  225  regarding resources to assist in ensuring the safety and
  226  security of the ADRD participant, which must include, but need
  227  not be limited to, information pertaining to driving for those
  228  persons affected by dementia, available technology on wandering
  229  prevention devices and identification devices, the Silver Alert
  230  program and the At-Risk Adult Alert Plan in this state, and
  231  dementia-specific safety interventions and strategies that can
  232  be used in the home setting.
  233         Section 6. This act shall take effect July 1, 2019.