Florida Senate - 2020 SB 1198
By Senator Berman
31-00038D-20 20201198__
1 A bill to be entitled
2 An act relating to the Purple Alert; amending s.
3 937.0201, F.S.; redefining the term “missing
4 endangered person”; creating s. 937.0205, F.S.;
5 providing legislative findings and intent; requiring
6 the Department of Law Enforcement, in cooperation with
7 the Department of Transportation, the Department of
8 Highway Safety and Motor Vehicles, the Department of
9 the Lottery, and local law enforcement agencies, to
10 establish and implement the Purple Alert; specifying
11 minimum requirements for the Purple Alert; authorizing
12 local law enforcement agencies to broadcast
13 information concerning certain missing adults;
14 requiring the local law enforcement agency of
15 jurisdiction to notify certain media and alert
16 subscribers if a Purple Alert is determined to be
17 necessary and appropriate; authorizing the local law
18 enforcement agency of jurisdiction which broadcasts
19 the notification to request that a case be opened with
20 the Department of Law Enforcement’s Missing Endangered
21 Persons Information Clearinghouse; requiring the
22 clearinghouse to coordinate with the Department of
23 Transportation and the Department of Highway Safety
24 and Motor Vehicles in the activation of dynamic
25 message signs on state highways and the immediate
26 distribution of certain critical information under
27 certain circumstances; requiring the Purple Alert to
28 include certain procedures and an information and
29 education strategy; authorizing the Department of Law
30 Enforcement to adopt rules; amending s. 937.021, F.S.;
31 providing that the Department of Law Enforcement, as
32 the Purple Alert coordinator, and certain agencies,
33 employees, individuals, and entities are immune from
34 civil liability for damages when performing certain
35 actions in good faith; providing that the presumption
36 of good faith is not overcome under certain
37 circumstances; providing construction; amending s.
38 937.022, F.S.; authorizing only the law enforcement
39 agency having jurisdiction over a case to make a
40 request to the clearinghouse for the activation of a
41 Purple Alert involving a missing adult under certain
42 circumstances; amending s. 429.918, F.S.; conforming
43 provisions to changes made by the act; providing an
44 appropriation; providing effective dates.
45
46 Be It Enacted by the Legislature of the State of Florida:
47
48 Section 1. Subsection (4) of section 937.0201, Florida
49 Statutes, is amended to read:
50 937.0201 Definitions.—As used in this chapter, the term:
51 (4) “Missing endangered person” means any of the following:
52 (a) A missing child.;
53 (b) A missing adult younger than 26 years of age.;
54 (c) A missing adult 26 years of age or older who is
55 suspected by a law enforcement agency of being endangered or the
56 victim of criminal activity.; or
57 (d) A missing adult who meets the criteria for activation
58 of the Silver Alert Plan of the Department of Law Enforcement.
59 (e) A missing adult who meets the criteria for activation
60 of the Purple Alert of the Department of Law Enforcement
61 pursuant to s. 937.0205.
62 Section 2. Section 937.0205, Florida Statutes, is created
63 to read:
64 937.0205 Purple Alert.—
65 (1) The Legislature finds that a standardized state system
66 is necessary to aid in the search for a missing adult identified
67 in paragraph (4)(a). The Legislature also finds that a
68 coordinated local law enforcement and state agency response with
69 prompt and widespread sharing of information will improve the
70 chances of finding the person.
71 (2) It is the intent of the Legislature to establish the
72 Purple Alert, to be implemented in a manner that, to the extent
73 practicable, safeguards the privacy rights and related health
74 and diagnostic information of such missing adults.
75 (3) The Department of Law Enforcement, in cooperation with
76 the Department of Transportation, the Department of Highway
77 Safety and Motor Vehicles, the Department of the Lottery, and
78 local law enforcement agencies, shall establish and implement
79 the Purple Alert. At a minimum, the Purple Alert must:
80 (a) Be the only viable means by which the missing adult is
81 likely to be returned to safety;
82 (b) Provide, to the greatest extent possible, for the
83 protection of the privacy, dignity, and independence of such
84 missing adults by including standards aimed at safeguarding
85 these civil liberties by preventing the inadvertent or
86 unnecessary broadcasting or dissemination of sensitive health
87 and diagnostic information;
88 (c) Provide that the broadcasting and dissemination of
89 alerts and related information be limited to the geographic
90 areas where such missing adult could reasonably be, considering
91 his or her circumstances and physical and mental condition, the
92 potential modes of transportation available to him or her or
93 suspected to be involved, and the known or suspected
94 circumstances of his or her disappearance; and
95 (d) Be activated only when there is sufficient descriptive
96 information about the missing adult and the circumstances
97 surrounding the missing adult’s disappearance to indicate that
98 activating the alert is likely to help locate the missing adult.
99 (4)(a) Under a Purple Alert, a local law enforcement agency
100 may broadcast to the media and to persons who subscribe to
101 receive alert notifications under this section information
102 concerning a missing adult:
103 1. Who has a mental or cognitive disability; an
104 intellectual disability or a developmental disability, as those
105 terms are defined in s. 393.063; a brain injury; another
106 physical, mental, or emotional disability that is not related to
107 substance abuse; or a combination of any of these;
108 2. Whose disappearance indicates a credible threat of
109 immediate danger or serious bodily harm to himself or herself,
110 as determined by the local law enforcement agency;
111 3. Who cannot be returned to safety without law enforcement
112 intervention; and
113 4. Who does not meet the criteria for activation of a local
114 Silver Alert or the Silver Alert Plan of the Department of Law
115 Enforcement.
116 (b) If a Purple Alert is determined to be necessary and
117 appropriate, the local law enforcement agency of jurisdiction
118 shall notify the media and subscribers in the jurisdiction or
119 jurisdictions where the missing adult is believed to or may be
120 located. The local law enforcement agency of jurisdiction may
121 also request that the Purple Alert notification be broadcast on
122 lottery terminals within the geographic regions where the
123 missing adult may reasonably be, including, but not limited to,
124 lottery terminals in gas stations, convenience stores, and
125 supermarkets.
126 (c) Under the Purple Alert, the local law enforcement
127 agency of jurisdiction may also request that a case be opened
128 with the Department of Law Enforcement’s Missing Endangered
129 Persons Information Clearinghouse. To enhance local or regional
130 efforts when the investigation indicates that an identifiable
131 vehicle is involved, the clearinghouse must coordinate with the
132 Department of Transportation and the Department of Highway
133 Safety and Motor Vehicles for the activation of dynamic message
134 signs on state highways and the immediate distribution of
135 critical information to the public regarding the missing adult
136 in accordance with the alert.
137 (5) The Purple Alert process must include procedures to
138 monitor the use, activation, and results of alerts and a
139 strategy for informing and educating law enforcement, the media,
140 and other stakeholders concerning the alert.
141 (6) The Department of Law Enforcement may adopt rules to
142 implement and administer this section.
143 Section 3. Paragraphs (c), (d), and (e) of subsection (5)
144 of section 937.021, Florida Statutes, are amended to read:
145 937.021 Missing child and missing adult reports.—
146 (5)
147 (c) Upon receiving a request to record, report, transmit,
148 display, or release Silver Alert or Purple Alert information
149 from the law enforcement agency having jurisdiction over the
150 missing adult, the Department of Law Enforcement as the state
151 Silver Alert and Purple Alert coordinator, any state or local
152 law enforcement agency, and the personnel of these agencies; any
153 radio or television network, broadcaster, or other media
154 representative; any dealer of communications services as defined
155 in s. 202.11; or any agency, employee, individual, or entity is
156 immune from civil liability for damages for complying in good
157 faith with the request and is presumed to have acted in good
158 faith in recording, reporting, transmitting, displaying, or
159 releasing Silver Alert or Purple Alert information pertaining to
160 the missing adult.
161 (d) The presumption of good faith is not overcome if a
162 technical or clerical error is made by any agency, employee,
163 individual, or entity acting at the request of the local law
164 enforcement agency having jurisdiction, or if the Amber Alert,
165 Missing Child Alert, missing child information, missing adult
166 information, or Silver Alert or Purple Alert information is
167 incomplete or incorrect because the information received from
168 the local law enforcement agency was incomplete or incorrect.
169 (e) Neither this subsection nor any other provision of law
170 creates a duty of the agency, employee, individual, or entity to
171 record, report, transmit, display, or release the Amber Alert,
172 Missing Child Alert, missing child information, missing adult
173 information, or Silver Alert or Purple Alert information
174 received from the local law enforcement agency having
175 jurisdiction. The decision to record, report, transmit, display,
176 or release information is discretionary with the agency,
177 employee, individual, or entity receiving the information.
178 Section 4. Paragraph (b) of subsection (3) of section
179 937.022, Florida Statutes, is amended to read:
180 937.022 Missing Endangered Persons Information
181 Clearinghouse.—
182 (3) The clearinghouse shall:
183 (b) Provide a centralized file for the exchange of
184 information on missing endangered persons.
185 1. Every state, county, or municipal law enforcement agency
186 shall submit to the clearinghouse information concerning missing
187 endangered persons.
188 2. Any person having knowledge may submit a missing
189 endangered person report to the clearinghouse concerning a child
190 or adult younger than 26 years of age whose whereabouts is
191 unknown, regardless of the circumstances, subsequent to
192 reporting such child or adult missing to the appropriate law
193 enforcement agency within the county in which the child or adult
194 became missing, and subsequent to entry by the law enforcement
195 agency of the child or person into the Florida Crime Information
196 Center and the National Crime Information Center databases. The
197 missing endangered person report shall be included in the
198 clearinghouse database.
199 3. Only the law enforcement agency having jurisdiction over
200 the case may submit a missing endangered person report to the
201 clearinghouse involving a missing adult age 26 years or older
202 who is suspected by a law enforcement agency of being endangered
203 or the victim of criminal activity.
204 4. Only the law enforcement agency having jurisdiction over
205 the case may make a request to the clearinghouse for the
206 activation of a state Silver Alert or a Purple Alert involving a
207 missing adult if circumstances regarding the disappearance have
208 met the criteria for activation of the Silver Alert Plan or the
209 Purple Alert.
210 Section 5. Paragraph (d) of subsection (6) and subsection
211 (9) of section 429.918, Florida Statutes, are amended to read:
212 429.918 Licensure designation as a specialized Alzheimer’s
213 services adult day care center.—
214 (6)
215 (d) Each employee hired on or after July 1, 2012, who
216 provides direct care to ADRD participants, must receive and
217 review an orientation plan that includes, at a minimum:
218 1. Procedures to locate an ADRD participant who has
219 wandered from the center. These procedures shall be reviewed
220 regularly with all direct care staff.
221 2. Information on the Silver Alert program and the Purple
222 Alert in this state.
223 3. Information regarding available products or programs
224 used to identify ADRD participants or prevent them from
225 wandering away from the center, their home, or other locations.
226 (9) An adult day care center having a license designated
227 under this section must give to each person who enrolls as an
228 ADRD participant in the center, or the caregiver, a copy of the
229 ADRD participant’s plan of care, as well as information
230 regarding resources to assist in ensuring the safety and
231 security of the ADRD participant, which must include, but need
232 not be limited to, information pertaining to driving for those
233 persons affected by dementia, available technology on wandering
234 prevention devices and identification devices, the Silver Alert
235 program and the Purple Alert in this state, and dementia
236 specific safety interventions and strategies that can be used in
237 the home setting.
238 Section 6. Effective July 1, 2020, for the 2020-2021 fiscal
239 year, the sums of $152,836 in recurring funds and $170,000 in
240 nonrecurring funds are appropriated from the General Revenue
241 Fund to the Department of Law Enforcement, and three full-time
242 equivalent positions with an associated salary rate of 83,779
243 are authorized, for the purpose of implementing this act.
244 Section 7. Except as otherwise expressly provided in this
245 act and except for this section, which shall take effect July 1,
246 2020, this act shall take effect July 1, 2021.