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         402.88Special 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.