Florida Senate - 2026                                     SB 814
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00191A-26                                           2026814__
    1                        A bill to be entitled                      
    2         An act relating to emergency alerts; creating s.
    3         784.072, F.S.; defining terms; requiring a local law
    4         enforcement agency to activate the emergency alert
    5         system and issue a Ya Ya Alert to public and private
    6         schools and child care facilities under certain
    7         circumstances; requiring local law enforcement
    8         agencies to create and maintain a list of such schools
    9         and facilities within their jurisdictions; providing
   10         requirements for the maintenance of such list;
   11         providing immunity from civil liability to certain
   12         persons for damages for complying in good faith with
   13         specified provisions; providing a presumption of good
   14         faith; providing construction; requiring the
   15         Department of Law Enforcement, in cooperation with
   16         specified departments, to activate the emergency alert
   17         system and issue an Imminent Threat Alert at the
   18         request of a local law enforcement agency under
   19         certain circumstances; providing requirements for the
   20         issuance of Imminent Threat Alerts; providing immunity
   21         from civil liability to certain persons for damages
   22         for complying in good faith with specified provisions;
   23         providing a presumption of good faith; providing
   24         construction; providing an effective date.
   25          
   26  Be It Enacted by the Legislature of the State of Florida:
   27  
   28         Section 1. Section 784.072, Florida Statutes, is created to
   29  read:
   30         784.072 Notification of imminent threat to schools and
   31  child care facilities or the public; Ya Ya Alert; Imminent
   32  Threat Alert.—
   33         (1) As used in this section, the term:
   34         (a) “Child care facility” has the same meaning as in s.
   35  402.302.
   36         (b) “Imminent Threat Alert” means a notification issued
   37  pursuant to subsection (3) which informs the public that an
   38  imminent threat exists such that the lives and safety of people
   39  are endangered, including, but not limited to, instances in
   40  which a person suspected of killing or causing serious bodily
   41  injury to another person or assaulting another person with a
   42  deadly weapon has fled the scene of the offense.
   43         (c) “Private school” has the same meaning as in s. 1002.01.
   44         (d) “Ya Ya Alert” means a notification issued pursuant to
   45  subsection (2) which informs public schools, private schools,
   46  and child care facilities that an imminent threat exists,
   47  including, but not limited to, instances in which a person
   48  suspected of killing or causing serious bodily injury to another
   49  person or assaulting another person with a deadly weapon has
   50  fled the scene of the offense, and which advises the schools and
   51  facilities to lock their doors and encourages persons in those
   52  schools and facilities to remain in lockdown and be vigilant in
   53  watching for and reporting any suspicious activity.
   54         (2)(a) If a local law enforcement agency that has
   55  jurisdiction over the scene of an incident determines that the
   56  scene gives rise to an imminent threat to the public, the agency
   57  must activate the emergency alert system and issue a Ya Ya Alert
   58  to all public and private schools and child care facilities
   59  within a 3-mile radius of the incident location and may activate
   60  the system and issue the alert to any other public or private
   61  school or child care facility the agency determines is at risk,
   62  given its proximity to the incident, including an incident in
   63  which all of the following conditions are satisfied:
   64         1. A person has been killed or has suffered serious bodily
   65  injury, or a person has been assaulted with a deadly weapon by
   66  another person.
   67         2. The person suspected of committing the offense has fled
   68  the scene of the offense.
   69         3. The law enforcement agency investigating the offense has
   70  determined that the suspect poses an imminent threat to the
   71  public safety.
   72         (b) For purposes of complying with this subsection, each
   73  local law enforcement agency shall create and maintain a list of
   74  all public schools, private schools, and child care facilities
   75  within its jurisdiction.
   76         (c) A public or private school or child care facility may
   77  contact local law enforcement agencies to verify that it is
   78  included on the list of those that will receive a Ya Ya Alert or
   79  to register to be included on the list. A local law enforcement
   80  agency must take a private school or child care facility off the
   81  list if the school or facility requests that it be taken off the
   82  list.
   83         (d)1.Upon recording, reporting, transmitting, displaying,
   84  or releasing information pertaining to a Ya Ya Alert, the local
   85  law enforcement agency with jurisdiction; the Department of Law
   86  Enforcement; any state or local law enforcement agency and the
   87  personnel of such agency; any radio or television network,
   88  broadcaster, or other media representative; any dealer of
   89  communications services as those terms are defined in s. 202.11;
   90  or any other agency, employee, individual, or entity is immune
   91  from civil liability for damages for complying in good faith
   92  with this subsection and is presumed to have acted in good faith
   93  in recording, reporting, transmitting, displaying, or releasing
   94  information pertaining to the Ya Ya Alert. The presumption of
   95  good faith is not overcome if a technical or clerical error is
   96  made by any agency, employee, individual, or entity acting at
   97  the request of the local law enforcement agency having
   98  jurisdiction, or if information pertaining to a Ya Ya Alert is
   99  incomplete or incorrect because the information received from
  100  the local law enforcement agency was incomplete or incorrect.
  101         2. This subsection may not be construed to create a duty of
  102  the agency, employee, individual, or entity to record, report,
  103  transmit, display, or release the Ya Ya Alert information
  104  received from the local law enforcement agency having
  105  jurisdiction. The decision to record, report, transmit, display,
  106  or release information is discretionary with the agency,
  107  employee, individual, or entity receiving the information.
  108         (3) At the request of a local law enforcement agency, the
  109  Department of Law Enforcement, in cooperation with the
  110  Department of Highway Safety and Motor Vehicles and the
  111  Department of Transportation, must activate the emergency alert
  112  system and issue an Imminent Threat Alert to the public when the
  113  local law enforcement agency confirms that an imminent threat to
  114  the public exists, including, but not limited to, circumstances
  115  in which all of the following conditions have been satisfied:
  116         (a) A person has been killed or has suffered serious bodily
  117  injury, or a person has been assaulted with a deadly weapon by
  118  another person.
  119         (b) The person suspected of committing the offense has fled
  120  the scene of the offense.
  121         (c) The law enforcement agency has determined that the
  122  suspect poses an imminent threat to the public safety.
  123         (4)An Imminent Threat Alert must, to the extent
  124  practicable, provide a detailed description of a suspect’s
  125  vehicle or other means of escape, the license plate number of
  126  the suspect’s vehicle, or any other available information that
  127  may assist in averting further harm or in apprehending the
  128  suspect.
  129         (5)(a) An Imminent Threat Alert must be immediately
  130  disseminated to the public through the emergency alert system
  131  and through the use of dynamic message signs located along the
  132  State Highway System.
  133         (b) If a traffic emergency arises which requires
  134  information pertaining to the traffic emergency to be displayed
  135  on a dynamic message sign on a state highway in lieu of an
  136  Imminent Threat Alert, the agency responsible for posting the
  137  Imminent Threat Alert on the dynamic message sign does not
  138  violate this section.
  139         (c)1. Upon receiving a request to record, report, transmit,
  140  display, or release Imminent Threat Alert information from the
  141  law enforcement agency having jurisdiction, the Department of
  142  Law Enforcement; any state or local law enforcement agency and
  143  the personnel of such agency; any radio or television network,
  144  broadcaster, or other media representative; any dealer of
  145  communications services as those terms are defined in s. 202.11;
  146  or any agency, employee, individual, or entity is immune from
  147  civil liability for damages for complying in good faith with
  148  this subsection and is presumed to have acted in good faith in
  149  recording, reporting, transmitting, displaying, or releasing
  150  information pertaining to an Imminent Threat Alert. The
  151  presumption of good faith is not overcome if a technical or
  152  clerical error is made by any agency, employee, individual, or
  153  entity acting at the request of the local law enforcement agency
  154  having jurisdiction, or if information pertaining to an Imminent
  155  Threat Alert is incomplete or incorrect because the information
  156  received from the local law enforcement agency was incomplete or
  157  incorrect.
  158         2. Neither this subsection nor any other law creates a duty
  159  of the agency, employee, individual, or entity to record,
  160  report, transmit, display, or release the Imminent Threat Alert
  161  information received from the local law enforcement agency
  162  having jurisdiction. The decision to record, report, transmit,
  163  display, or release information is discretionary with the
  164  agency, employee, individual, or entity receiving the
  165  information.
  166         Section 2. This act shall take effect October 1, 2026.