Florida Senate - 2021                                     SB 184
       
       
        
       By Senator Berman
       
       
       
       
       
       31-00279-21                                            2021184__
    1                        A bill to be entitled                      
    2         An act relating to the Purple Alert; amending s.
    3         252.35, F.S.; requiring the Division of Emergency
    4         Management to identify and maintain an inventory of
    5         certain digitally displayed automatic changeable
    6         facing signs; amending s. 937.0201, F.S.; redefining
    7         the term “missing endangered person”; creating s.
    8         937.0205, F.S.; providing legislative findings and
    9         intent; requiring the Department of Law Enforcement,
   10         in cooperation with the Department of Transportation,
   11         the Department of Highway Safety and Motor Vehicles,
   12         the Department of the Lottery, and local law
   13         enforcement agencies, to establish and implement the
   14         Purple Alert; specifying minimum requirements for the
   15         Purple Alert; authorizing local law enforcement
   16         agencies to broadcast information concerning certain
   17         missing adults; requiring the local law enforcement
   18         agency having jurisdiction to notify media and alert
   19         subscribers if a Purple Alert is determined to be
   20         necessary and appropriate; authorizing the local law
   21         enforcement agency having jurisdiction to request that
   22         a case be opened with the Department of Law
   23         Enforcement’s Missing Endangered Persons Information
   24         Clearinghouse; requiring the clearinghouse to
   25         coordinate with the Department of Transportation and
   26         the Department of Highway Safety and Motor Vehicles in
   27         the activation of dynamic message signs on state
   28         highways and the immediate distribution of certain
   29         critical information under certain circumstances;
   30         requiring the Purple Alert process to include certain
   31         procedures and an information and education strategy;
   32         authorizing the Department of Law Enforcement to adopt
   33         rules; amending s. 937.021, F.S.; providing that the
   34         Department of Law Enforcement, as the Purple Alert
   35         coordinator, and certain agencies, employees,
   36         individuals, and entities are immune from civil
   37         liability for damages when performing certain actions
   38         in good faith; providing that the presumption of good
   39         faith is not overcome under certain circumstances;
   40         providing construction; amending s. 937.022, F.S.;
   41         authorizing only the law enforcement agency having
   42         jurisdiction over a case to make a request to the
   43         clearinghouse for the activation of a Purple Alert
   44         involving a missing adult under certain circumstances;
   45         amending s. 429.918, F.S.; conforming provisions to
   46         changes made by the act; providing an appropriation;
   47         providing effective dates.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Paragraph (z) is added to subsection (2) of
   52  section 252.35, Florida Statutes, to read:
   53         252.35 Emergency management powers; Division of Emergency
   54  Management.—
   55         (2) The division is responsible for carrying out the
   56  provisions of ss. 252.31-252.90. In performing its duties, the
   57  division shall:
   58         (z) Identify and maintain an inventory of available
   59  digitally displayed automatic changeable facing signs capable of
   60  providing the immediate distribution of critical information to
   61  the public in times of declared emergency and regarding missing
   62  endangered persons.
   63         Section 2. Subsection (4) of section 937.0201, Florida
   64  Statutes, is amended to read:
   65         937.0201 Definitions.—As used in this chapter, the term:
   66         (4) “Missing endangered person” means any of the following:
   67         (a) A missing child.;
   68         (b) A missing adult younger than 26 years of age.;
   69         (c) A missing adult 26 years of age or older who is
   70  suspected by a law enforcement agency of being endangered or the
   71  victim of criminal activity.; or
   72         (d) A missing adult who meets the criteria for activation
   73  of the Silver Alert Plan of the Department of Law Enforcement.
   74         (e)A missing adult who meets the criteria for activation
   75  of the Purple Alert of the Department of Law Enforcement
   76  pursuant to s. 937.0205.
   77         Section 3. Section 937.0205, Florida Statutes, is created
   78  to read:
   79         937.0205Purple Alert.—
   80         (1)The Legislature finds that a standardized state system
   81  is necessary to aid in the search for a missing adult identified
   82  in paragraph (4)(a). The Legislature also finds that a
   83  coordinated local law enforcement and state agency response with
   84  prompt and widespread sharing of information will improve the
   85  chances of finding the person.
   86         (2)It is the intent of the Legislature to establish the
   87  Purple Alert, to be implemented in a manner that, to the extent
   88  practicable, safeguards the privacy rights and related health
   89  and diagnostic information of such missing adults.
   90         (3)The Department of Law Enforcement, in cooperation with
   91  the Department of Transportation, the Department of Highway
   92  Safety and Motor Vehicles, the Department of the Lottery, and
   93  local law enforcement agencies, shall establish and implement
   94  the Purple Alert. At a minimum, the Purple Alert must:
   95         (a)Be the only viable means by which the missing adult is
   96  likely to be returned to safety;
   97         (b)Provide, to the greatest extent possible, for the
   98  protection of the privacy, dignity, and independence of the
   99  missing adult by including standards aimed at safeguarding these
  100  civil liberties by preventing the inadvertent or unnecessary
  101  broadcasting or dissemination of sensitive health and diagnostic
  102  information;
  103         (c)Limit the broadcasting and dissemination of alerts and
  104  related information to the geographic areas where the missing
  105  adult could reasonably be, considering his or her circumstances
  106  and physical and mental condition, the potential modes of
  107  transportation available to him or her or suspected to be
  108  involved, and the known or suspected circumstances of his or her
  109  disappearance; and
  110         (d)Be activated only when there is sufficient descriptive
  111  information about the missing adult and the circumstances
  112  surrounding his or her disappearance to indicate that activating
  113  the alert is likely to help locate the missing adult.
  114         (4)(a)Under a Purple Alert, a local law enforcement agency
  115  may broadcast to the media and to persons who subscribe to
  116  receive alert notifications under this section information
  117  concerning a missing adult:
  118         1.Who has a mental or cognitive disability; an
  119  intellectual disability or a developmental disability, as those
  120  terms are defined in s. 393.063; a brain injury; another
  121  physical, mental, or emotional disability that is not related to
  122  substance abuse; or a combination of any of these;
  123         2.Whose disappearance indicates a credible threat of
  124  immediate danger or serious bodily harm to himself or herself,
  125  as determined by the local law enforcement agency;
  126         3.Who cannot be returned to safety without law enforcement
  127  intervention; and
  128         4.Who does not meet the criteria for activation of a local
  129  Silver Alert or the Silver Alert Plan of the Department of Law
  130  Enforcement.
  131         (b)If a Purple Alert is determined to be necessary and
  132  appropriate, the local law enforcement agency having
  133  jurisdiction must notify the media and subscribers in the
  134  jurisdiction or jurisdictions where the missing adult is
  135  believed to or may be located. The local law enforcement agency
  136  having jurisdiction may also request that the Purple Alert
  137  notification be broadcast on lottery terminals within the
  138  geographic regions where the missing adult may reasonably be,
  139  including, but not limited to, lottery terminals in gas
  140  stations, convenience stores, and supermarkets.
  141         (c)Under the Purple Alert, the local law enforcement
  142  agency having jurisdiction may also request that a case be
  143  opened with the Department of Law Enforcement’s Missing
  144  Endangered Persons Information Clearinghouse. To enhance local
  145  or regional efforts when the investigation indicates that an
  146  identifiable vehicle is involved, the clearinghouse must
  147  coordinate with the Department of Transportation and the
  148  Department of Highway Safety and Motor Vehicles for the
  149  activation of dynamic message signs on state highways and the
  150  immediate distribution of critical information to the public
  151  regarding the missing adult in accordance with the alert.
  152         (5)The Purple Alert process must include procedures to
  153  monitor the use, activation, and results of alerts and a
  154  strategy for informing and educating law enforcement, the media,
  155  and other stakeholders concerning the alert.
  156         (6)The Department of Law Enforcement may adopt rules to
  157  implement and administer this section.
  158         Section 4. Paragraphs (c), (d), and (e) of subsection (5)
  159  of section 937.021, Florida Statutes, are amended to read:
  160         937.021 Missing child and missing adult reports.—
  161         (5)
  162         (c) Upon receiving a request to record, report, transmit,
  163  display, or release Silver Alert or Purple Alert information
  164  from the law enforcement agency having jurisdiction over the
  165  missing adult, the Department of Law Enforcement as the state
  166  Silver Alert and Purple Alert coordinator, any state or local
  167  law enforcement agency, and the personnel of these agencies; any
  168  radio or television network, broadcaster, or other media
  169  representative; any dealer of communications services as defined
  170  in s. 202.11; or any agency, employee, individual, or entity is
  171  immune from civil liability for damages for complying in good
  172  faith with the request and is presumed to have acted in good
  173  faith in recording, reporting, transmitting, displaying, or
  174  releasing Silver Alert or Purple Alert information pertaining to
  175  the missing adult.
  176         (d) The presumption of good faith is not overcome if a
  177  technical or clerical error is made by any agency, employee,
  178  individual, or entity acting at the request of the local law
  179  enforcement agency having jurisdiction, or if the Amber Alert,
  180  Missing Child Alert, missing child information, missing adult
  181  information, or Silver Alert or Purple Alert information is
  182  incomplete or incorrect because the information received from
  183  the local law enforcement agency was incomplete or incorrect.
  184         (e) Neither this subsection nor any other provision of law
  185  creates a duty of the agency, employee, individual, or entity to
  186  record, report, transmit, display, or release the Amber Alert,
  187  Missing Child Alert, missing child information, missing adult
  188  information, or Silver Alert or Purple Alert information
  189  received from the local law enforcement agency having
  190  jurisdiction. The decision to record, report, transmit, display,
  191  or release information is discretionary with the agency,
  192  employee, individual, or entity receiving the information.
  193         Section 5. Paragraph (b) of subsection (3) of section
  194  937.022, Florida Statutes, is amended to read:
  195         937.022 Missing Endangered Persons Information
  196  Clearinghouse.—
  197         (3) The clearinghouse shall:
  198         (b) Provide a centralized file for the exchange of
  199  information on missing endangered persons.
  200         1. Every state, county, or municipal law enforcement agency
  201  shall submit to the clearinghouse information concerning missing
  202  endangered persons.
  203         2. Any person having knowledge may submit a missing
  204  endangered person report to the clearinghouse concerning a child
  205  or adult younger than 26 years of age whose whereabouts is
  206  unknown, regardless of the circumstances, subsequent to
  207  reporting such child or adult missing to the appropriate law
  208  enforcement agency within the county in which the child or adult
  209  became missing, and subsequent to entry by the law enforcement
  210  agency of the child or person into the Florida Crime Information
  211  Center and the National Crime Information Center databases. The
  212  missing endangered person report shall be included in the
  213  clearinghouse database.
  214         3. Only the law enforcement agency having jurisdiction over
  215  the case may submit a missing endangered person report to the
  216  clearinghouse involving a missing adult age 26 years or older
  217  who is suspected by a law enforcement agency of being endangered
  218  or the victim of criminal activity.
  219         4. Only the law enforcement agency having jurisdiction over
  220  the case may make a request to the clearinghouse for the
  221  activation of a state Silver Alert or a Purple Alert involving a
  222  missing adult if circumstances regarding the disappearance have
  223  met the criteria for activation of the Silver Alert Plan or the
  224  Purple Alert.
  225         Section 6. Paragraph (d) of subsection (6) and subsection
  226  (9) of section 429.918, Florida Statutes, are amended to read:
  227         429.918 Licensure designation as a specialized Alzheimer’s
  228  services adult day care center.—
  229         (6)
  230         (d) Each employee hired on or after July 1, 2012, who
  231  provides direct care to ADRD participants, must receive and
  232  review an orientation plan that includes, at a minimum:
  233         1. Procedures to locate an ADRD participant who has
  234  wandered from the center. These procedures shall be reviewed
  235  regularly with all direct care staff.
  236         2. Information on the Silver Alert program and the Purple
  237  Alert in this state.
  238         3. Information regarding available products or programs
  239  used to identify ADRD participants or prevent them from
  240  wandering away from the center, their home, or other locations.
  241         (9) An adult day care center having a license designated
  242  under this section must give to each person who enrolls as an
  243  ADRD participant in the center, or the caregiver, a copy of the
  244  ADRD participant’s plan of care, as well as information
  245  regarding resources to assist in ensuring the safety and
  246  security of the ADRD participant, which must include, but need
  247  not be limited to, information pertaining to driving for those
  248  persons affected by dementia, available technology on wandering
  249  prevention devices and identification devices, the Silver Alert
  250  program and the Purple Alert in this state, and dementia
  251  specific safety interventions and strategies that can be used in
  252  the home setting.
  253         Section 7. Effective July 1, 2021, for the 2021-2022 fiscal
  254  year, the sums of $152,836 in recurring funds and $170,000 in
  255  nonrecurring funds are appropriated from the General Revenue
  256  Fund to the Department of Law Enforcement, and three full-time
  257  equivalent positions with an associated salary rate of 83,779
  258  are authorized, for the purpose of implementing this act.
  259         Section 8. Except as otherwise expressly provided in this
  260  act and except for this section, which shall take effect July 1,
  261  2021, this act shall take effect July 1, 2022.