Florida Senate - 2022 COMMITTEE AMENDMENT
Bill No. CS for SB 1040
Ì521594:Î521594
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/22/2022 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Appropriations Subcommittee on Health and Human Services
(Brodeur) recommended the following:
1 Senate Substitute for Amendment (128694) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. This act may be cited as the “Protect Our Loved
7 Ones Act.”
8 Section 2. Section 402.88, Florida Statutes, is created to
9 read:
10 402.88 Special Persons Registry in interactions with law
11 enforcement.—
12 (1)(a) A local law enforcement agency may develop and
13 maintain a database, to be known as “The Special Persons
14 Registry,” listing persons who have developmental,
15 psychological, or other disabilities or conditions that may be
16 relevant to their interactions with law enforcement officers.
17 Persons with any type of confirmed developmental, psychological,
18 or other disability or condition, including, but not limited to,
19 autism spectrum disorder, Alzheimer’s disease or a dementia
20 related disorder, bipolar disorder, or Down syndrome, may be
21 enrolled in the registry. The confirmation of the disability or
22 condition must be certified by a physician or physician
23 assistant licensed under chapter 458 or chapter 459 or an
24 advanced practice registered nurse licensed under chapter 464.
25 In the case of psychological conditions, the confirmation of the
26 condition must be certified by a psychologist licensed under
27 chapter 490, a mental health counselor licensed under chapter
28 491, or a psychiatrist as defined in s. 394.455. An adult with a
29 disability may enroll himself or herself in the registry. If a
30 person with a disability has been declared incapacitated under
31 chapter 744, a parent or legal guardian of the person may enroll
32 him or her in the registry.
33 (b) A minor with a disability may be enrolled in the
34 registry by his or her parent or legal guardian. An adult
35 enrolled by another person must be notified of that enrollment
36 by the local law enforcement agency in writing at his or her
37 address of record within 5 business days after enrollment in the
38 registry. A minor who was enrolled by another person must be
39 notified by the agency in writing of that enrollment at his or
40 her address of record within 5 business days after his or her
41 18th birthday.
42 (c) A registration is valid until the person is removed
43 from the registry. A minor or an incapacitated adult may be
44 removed from the registry by the minor’s parent or legal
45 guardian or the adult’s legal guardian, respectively. A
46 competent person who has reached 18 years of age may also choose
47 to have his or her name removed from the registry. Upon a verbal
48 or written request for removal of a person from the registry,
49 the local law enforcement agency must remove the person’s
50 information from the registry within 5 business days after the
51 request is made.
52 (2) The registry may include, but need not be limited to,
53 any of the following information:
54 (a) The listed person’s name, contact information, personal
55 identifying information, and disability or condition that may be
56 relevant to interactions with law enforcement officers.
57 (b) If a person did not enroll himself or herself, the
58 name, contact information, and personal identifying information
59 of the person who enrolled the listed person in the registry.
60 (c) Any additional information provided, including the
61 certification of the condition or disability.
62 (3) The local law enforcement agency may provide relevant
63 information from the registry to a law enforcement officer
64 engaged in his or her official duties.
65 Section 3. This act shall take effect January 1, 2023.
66
67 ================= T I T L E A M E N D M E N T ================
68 And the title is amended as follows:
69 Delete everything before the enacting clause
70 and insert:
71 A bill to be entitled
72 An act relating to The Special Persons Registry;
73 providing a short title; creating s. 402.88, F.S.;
74 authorizing local law enforcement agencies to develop
75 and maintain a database, to be known as the “The
76 Special Persons Registry,” for a specified purpose;
77 providing for enrollment in and removal from the
78 registry; specifying information the registry may
79 include; authorizing local law enforcement agencies to
80 provide relevant information from the registry to law
81 enforcement officers under certain circumstances;
82 providing an effective date.