Florida Senate - 2023 CS for SB 784 By the Committee on Criminal Justice; and Senator Burgess 591-03480-23 2023784c1 1 A bill to be entitled 2 An act relating to the Special Persons Registry; 3 providing a short title; creating s. 402.88, F.S.; 4 authorizing local law enforcement agencies to develop 5 and maintain a database, to be known as the “Special 6 Persons Registry,” for a specified purpose; providing 7 for enrollment in and removal from the registry; 8 requiring that certain documentation be submitted to 9 the local law enforcement agency at the time of 10 registration; specifying the types of documentation 11 local law enforcement agencies may accept as proof of 12 eligibility for registration in the registry; 13 specifying information the registry may include; 14 authorizing local law enforcement agencies to provide 15 relevant information from the registry to law 16 enforcement officers under certain circumstances; 17 providing an effective date. 18 19 Be It Enacted by the Legislature of the State of Florida: 20 21 Section 1. This act may be cited as the “Protect Our Loved 22 Ones Act.” 23 Section 2. Section 402.88, Florida Statutes, is created to 24 read: 25 402.88 Special Persons Registry in interactions with law 26 enforcement.— 27 (1)(a) A local law enforcement agency may develop and 28 maintain a database, to be known as the “Special Persons 29 Registry,” listing persons who have developmental, 30 psychological, or other disabilities or conditions that may be 31 relevant to their interactions with law enforcement officers. 32 Persons with any type of confirmed developmental, psychological, 33 or other disability or condition, including, but not limited to, 34 autism spectrum disorder, Alzheimer’s disease or a dementia 35 related disorder, or Down syndrome, may be enrolled in the 36 registry. 37 (b) An adult with a disability may enroll himself or 38 herself in the registry. If a person with a disability has been 39 declared incapacitated under chapter 744, a parent or legal 40 guardian of the person may enroll him or her in the registry. An 41 incapacitated adult enrolled by another person must be notified 42 of that enrollment by the local law enforcement agency in 43 writing at his or her address of record within 5 business days 44 after enrollment in the registry. 45 (c) A minor with a disability or condition may be enrolled 46 in the registry by his or her parent or legal guardian. A minor 47 enrolled by another person must be notified by the agency in 48 writing of that enrollment at his or her address of record 49 within 5 business days after his or her 18th birthday. 50 (d) Proof of eligibility for enrollment in the registry 51 must be submitted to the local law enforcement agency at the 52 time of registration. The local law enforcement agency may 53 accept any of the following documents as the requisite proof of 54 eligibility: 55 1. Certification of the disability or condition from: 56 a. A physician or physician assistant licensed under 57 chapter 458 or chapter 459 or an advanced practice registered 58 nurse licensed under chapter 464; or 59 b. If the registration is based on a psychological 60 condition, a psychologist licensed under chapter 490, a mental 61 health counselor licensed under chapter 491, or a psychiatrist 62 as defined in s. 394.455(37). 63 2. Proof of parentage, guardianship, or other legal 64 authority of a parent or legal guardian to enroll a child or 65 ward in the registry, including, but not limited to, any of the 66 following documentation, as applicable: 67 a. A birth certificate as described in s. 382.013; 68 b. A power of attorney, as defined in s. 709.2102(9); 69 c. A court order establishing parental rights or 70 guardianship; or 71 d. Letters of guardianship as described in s. 744.345. 72 (e) A registration is valid until the person is removed 73 from the registry. A minor or an incapacitated adult may be 74 removed from the registry by the minor’s parent or legal 75 guardian or the adult’s legal guardian, respectively. A 76 competent person who has reached 18 years of age may also choose 77 to have his or her name removed from the registry. Upon a valid 78 verbal or written request for removal of a person from the 79 registry, the local law enforcement agency must remove the 80 person’s information from the registry within 5 business days 81 after the request is made. 82 (2) The registry may include, but need not be limited to, 83 any of the following information: 84 (a) The listed person’s name, contact information, personal 85 identifying information, and disability or condition that may be 86 relevant to interactions with law enforcement officers. 87 (b) If a person did not enroll himself or herself, the 88 name, contact information, and personal identifying information 89 of the person who enrolled the listed person in the registry. 90 (c) Any additional information provided by the enrollee or 91 the person who enrolled the listed person in the registry, 92 including the certification of the condition or disability. 93 (3) A local law enforcement agency may provide relevant 94 information from the registry to a law enforcement officer 95 engaged in his or her official duties. 96 Section 3. This act shall take effect January 1, 2024.