Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 184
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/16/2021           .                                

       The Committee on Appropriations (Berman) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 117 - 252
    4  and insert:
    5         1.Who has a mental or cognitive disability that is not
    6  Alzheimer’s disease or a dementia-related disorder; an
    7  intellectual disability or a developmental disability, as those
    8  terms are defined in s. 393.063; a brain injury; another
    9  physical, mental, or emotional disability that is not related to
   10  substance abuse; or a combination of any of these;
   11         2.Whose disappearance indicates a credible threat of
   12  immediate danger or serious bodily harm to himself or herself,
   13  as determined by the local law enforcement agency;
   14         3.Who cannot be returned to safety without law enforcement
   15  intervention; and
   16         4.Who does not meet the criteria for activation of a local
   17  Silver Alert or the Silver Alert Plan of the Department of Law
   18  Enforcement.
   19         (b)If a Purple Alert is determined to be necessary and
   20  appropriate, the local law enforcement agency having
   21  jurisdiction must notify the media and subscribers in the
   22  jurisdiction or jurisdictions where the missing adult is
   23  believed to or may be located. The local law enforcement agency
   24  having jurisdiction may also request that the Purple Alert
   25  notification be broadcast on lottery terminals within the
   26  geographic regions where the missing adult may reasonably be,
   27  including, but not limited to, lottery terminals in gas
   28  stations, convenience stores, and supermarkets.
   29         (c)Under the Purple Alert, the local law enforcement
   30  agency having jurisdiction may also request that a case be
   31  opened with the Department of Law Enforcement’s Missing
   32  Endangered Persons Information Clearinghouse. To enhance local
   33  or regional efforts when the investigation indicates that an
   34  identifiable vehicle is involved, the clearinghouse must
   35  coordinate with the Department of Transportation and the
   36  Department of Highway Safety and Motor Vehicles for the
   37  activation of dynamic message signs on state highways and the
   38  immediate distribution of critical information to the public
   39  regarding the missing adult in accordance with the alert.
   40         (5)The Purple Alert process must include procedures to
   41  monitor the use, activation, and results of alerts and a
   42  strategy for informing and educating law enforcement, the media,
   43  and other stakeholders concerning the alert.
   44         (6)The Department of Law Enforcement may adopt rules to
   45  implement and administer this section.
   46         Section 4. Paragraphs (c), (d), and (e) of subsection (5)
   47  of section 937.021, Florida Statutes, are amended to read:
   48         937.021 Missing child and missing adult reports.—
   49         (5)
   50         (c) Upon receiving a request to record, report, transmit,
   51  display, or release Silver Alert or Purple Alert information
   52  from the law enforcement agency having jurisdiction over the
   53  missing adult, the Department of Law Enforcement as the state
   54  Silver Alert and Purple Alert coordinator, any state or local
   55  law enforcement agency, and the personnel of these agencies; any
   56  radio or television network, broadcaster, or other media
   57  representative; any dealer of communications services as defined
   58  in s. 202.11; or any agency, employee, individual, or entity is
   59  immune from civil liability for damages for complying in good
   60  faith with the request and is presumed to have acted in good
   61  faith in recording, reporting, transmitting, displaying, or
   62  releasing Silver Alert or Purple Alert information pertaining to
   63  the missing adult.
   64         (d) The presumption of good faith is not overcome if a
   65  technical or clerical error is made by any agency, employee,
   66  individual, or entity acting at the request of the local law
   67  enforcement agency having jurisdiction, or if the Amber Alert,
   68  Missing Child Alert, missing child information, missing adult
   69  information, or Silver Alert or Purple Alert information is
   70  incomplete or incorrect because the information received from
   71  the local law enforcement agency was incomplete or incorrect.
   72         (e) Neither this subsection nor any other provision of law
   73  creates a duty of the agency, employee, individual, or entity to
   74  record, report, transmit, display, or release the Amber Alert,
   75  Missing Child Alert, missing child information, missing adult
   76  information, or Silver Alert or Purple Alert information
   77  received from the local law enforcement agency having
   78  jurisdiction. The decision to record, report, transmit, display,
   79  or release information is discretionary with the agency,
   80  employee, individual, or entity receiving the information.
   81         Section 5. Paragraph (b) of subsection (3) of section
   82  937.022, Florida Statutes, is amended to read:
   83         937.022 Missing Endangered Persons Information
   84  Clearinghouse.—
   85         (3) The clearinghouse shall:
   86         (b) Provide a centralized file for the exchange of
   87  information on missing endangered persons.
   88         1. Every state, county, or municipal law enforcement agency
   89  shall submit to the clearinghouse information concerning missing
   90  endangered persons.
   91         2. Any person having knowledge may submit a missing
   92  endangered person report to the clearinghouse concerning a child
   93  or adult younger than 26 years of age whose whereabouts is
   94  unknown, regardless of the circumstances, subsequent to
   95  reporting such child or adult missing to the appropriate law
   96  enforcement agency within the county in which the child or adult
   97  became missing, and subsequent to entry by the law enforcement
   98  agency of the child or person into the Florida Crime Information
   99  Center and the National Crime Information Center databases. The
  100  missing endangered person report shall be included in the
  101  clearinghouse database.
  102         3. Only the law enforcement agency having jurisdiction over
  103  the case may submit a missing endangered person report to the
  104  clearinghouse involving a missing adult age 26 years or older
  105  who is suspected by a law enforcement agency of being endangered
  106  or the victim of criminal activity.
  107         4. Only the law enforcement agency having jurisdiction over
  108  the case may make a request to the clearinghouse for the
  109  activation of a state Silver Alert or a Purple Alert involving a
  110  missing adult if circumstances regarding the disappearance have
  111  met the criteria for activation of the Silver Alert Plan or the
  112  Purple Alert.
  113         Section 6. Effective July 1, 2021, for the 2021-2022 fiscal
  114  year, the sums of $107,111 in recurring funds and $92,790 in
  115  nonrecurring funds are appropriated from the Operating Trust
  116  Fund to the Department of Law Enforcement, and two full-time
  117  equivalent positions with associated salary rate of 55,853 are
  118  authorized, for the purpose of implementing this act.
  119         Section 7. Except as otherwise expressly provided in this
  120  act and except for this section, which shall take effect July 1,
  121  2021, this act shall take effect July 1, 2022.
  123  ================= T I T L E  A M E N D M E N T ================
  124  And the title is amended as follows:
  125         Delete lines 45 - 46
  126  and insert:
  127         providing an appropriation; providing effective dates.