Bill Text: FL S0330 | 2015 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Missing Persons with Special Needs

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Failed) 2015-05-01 - Died in Appropriations [S0330 Detail]

Download: Florida-2015-S0330-Introduced.html

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       Florida Senate - 2015                                     SB 330
       
       
        
       By Senator Dean
       
       
       
       
       
       5-00755-15                                             2015330__
    1                        A bill to be entitled                      
    2         An act relating to missing persons with special needs;
    3         amending s. 937.0201, F.S.; revising the definition of
    4         the term “missing endangered person” to include
    5         certain persons with special needs; amending s.
    6         937.021, F.S.; providing immunity from civil liability
    7         for certain persons who comply with a request to
    8         release information concerning missing persons with
    9         special needs to appropriate agencies; providing a
   10         presumption that a person recording, reporting,
   11         transmitting, displaying, or releasing such
   12         information acted in good faith; amending s. 937.022,
   13         F.S.; specifying who may submit a report concerning a
   14         missing person with special needs; creating s.
   15         937.035, F.S.; requiring the Department of Law
   16         Enforcement, contingent on funding, to provide
   17         electronic monitoring devices to certain persons with
   18         autism spectrum disorder; requiring the Agency for
   19         Persons with Disabilities to make an annual report
   20         concerning such individuals to the department;
   21         requiring the Department of Children and Families,
   22         contingent on funding, to provide electronic
   23         monitoring devices to certain persons with dementia;
   24         creating s. 943.17297, F.S.; requiring the Criminal
   25         Justice Standards and Training Commission to
   26         incorporate the retrieval of missing persons with
   27         special needs into the curriculum required for law
   28         enforcement officers; reenacting ss. 39.0141 and
   29         39.301(22), F.S., to incorporate the amendment made to
   30         s. 937.021, F.S., in references thereto; providing an
   31         effective date.
   32          
   33  Be It Enacted by the Legislature of the State of Florida:
   34  
   35         Section 1. Paragraphs (c) and (d) of subsection (4) of
   36  section 937.0201, Florida Statutes, are amended, and paragraph
   37  (e) is added to that subsection, to read:
   38         937.0201 Definitions.—As used in this chapter, the term:
   39         (4) “Missing endangered person” means:
   40         (c) A missing adult 26 years of age or older who is
   41  suspected by a law enforcement agency of being endangered or the
   42  victim of criminal activity; or
   43         (d) A missing adult who meets the criteria for activation
   44  of the Silver Alert Plan of the Department of Law Enforcement;
   45  or
   46         (e) A missing person with special needs who is at risk of
   47  becoming lost or is prone to wander due to autism spectrum
   48  disorder, a developmental disability, or any other disease or
   49  condition.
   50         Section 2. Present paragraphs (d) and (e) of subsection (5)
   51  of section 937.021, Florida Statutes, are amended, and a new
   52  paragraph (d) is added to that subsection, to read:
   53         937.021 Missing child and missing adult reports.—
   54         (5)
   55         (d) Upon receiving a request to record, report, transmit,
   56  display, or release information about a missing person with
   57  special needs, as described in s. 937.0201(4)(e), from the law
   58  enforcement agency having jurisdiction over the missing person,
   59  the Department of Law Enforcement, any state or local law
   60  enforcement agency, and the personnel of these agencies; any
   61  radio or television network, broadcaster, or other media
   62  representative; any dealer of communications services as defined
   63  in s. 202.11; or any agency, employee, individual, or entity is
   64  immune from civil liability for damages for complying in good
   65  faith with the request and is presumed to have acted in good
   66  faith in recording, reporting, transmitting, displaying, or
   67  releasing information pertaining to the missing person with
   68  special needs.
   69         (e)(d) The presumption of good faith is not overcome if a
   70  technical or clerical error is made by any agency, employee,
   71  individual, or entity acting at the request of the local law
   72  enforcement agency having jurisdiction, or if the information
   73  regarding an Amber Alert, Missing Child Alert, Silver Alert,
   74  missing child information, missing adult information, or missing
   75  person with special needs Silver Alert information is incomplete
   76  or incorrect because the information received from the local law
   77  enforcement agency was incomplete or incorrect.
   78         (f)(e) Neither this subsection nor any other provision of
   79  law creates a duty of the agency, employee, individual, or
   80  entity to record, report, transmit, display, or release the
   81  information regarding an Amber Alert, Missing Child Alert,
   82  Silver Alert, missing child information, missing adult
   83  information, or missing person with special needs Silver Alert
   84  information received from the local law enforcement agency
   85  having jurisdiction. The decision to record, report, transmit,
   86  display, or release information is discretionary with the
   87  agency, employee, individual, or entity receiving the
   88  information.
   89         Section 3. Paragraph (b) of subsection (3) of section
   90  937.022, Florida Statutes, is amended to read:
   91         937.022 Missing Endangered Persons Information
   92  Clearinghouse.—
   93         (3) The clearinghouse shall:
   94         (b) Provide a centralized file for the exchange of
   95  information on missing endangered persons.
   96         1. Every state, county, or municipal law enforcement agency
   97  shall submit to the clearinghouse information concerning missing
   98  endangered persons.
   99         2. Any person having knowledge may submit a missing
  100  endangered person report to the clearinghouse concerning a
  101  child, an or adult younger than 26 years of age, or a person
  102  with special needs, as described in s. 937.0201(4)(e), whose
  103  whereabouts are is unknown, regardless of the circumstances,
  104  subsequent to reporting such child, or adult, or person with
  105  special needs missing to the appropriate law enforcement agency
  106  within the county in which the child, or adult, or person with
  107  special needs went became missing, and subsequent to entry by
  108  the law enforcement agency of the child or person into the
  109  Florida Crime Information Center and the National Crime
  110  Information Center databases. The missing endangered person
  111  report shall be included in the clearinghouse database.
  112         3. Only the law enforcement agency having jurisdiction over
  113  the case may submit a missing endangered person report to the
  114  clearinghouse involving a missing adult age 26 years or older
  115  who is suspected by a law enforcement agency of being endangered
  116  or the victim of criminal activity.
  117         4. Only the law enforcement agency having jurisdiction over
  118  the case may make a request to the clearinghouse for the
  119  activation of a state Silver Alert involving a missing adult if
  120  circumstances regarding the disappearance have met the criteria
  121  for activation of the Silver Alert Plan.
  122         Section 4. Section 937.035, Florida Statutes, is created to
  123  read:
  124         937.035 Electronic monitoring devices for certain persons.—
  125         (1)(a) The department shall, to the extent federally
  126  funded, provide electronic monitoring devices to persons
  127  described in s. 937.0201(4)(e) who have the potential to go
  128  missing due to autism spectrum disorder.
  129         (b) The Agency for Persons with Disabilities shall annually
  130  provide the department with a list of the number of persons in
  131  each county who would be eligible for an electronic monitoring
  132  device under this subsection.
  133         (2) The Department of Children and Families shall, subject
  134  to legislative appropriation, provide electronic monitoring
  135  devices to persons described in s. 937.0201(4)(e) who have the
  136  potential to go missing due to diagnosed Alzheimer’s disease or
  137  any other form of dementia.
  138         Section 5. Section 943.17297, Florida Statutes, is created
  139  to read:
  140         943.17297 Training in retrieval of persons with special
  141  needs.—The commission shall incorporate detailed training in the
  142  retrieval of missing persons with special needs as described in
  143  s. 937.0201(4)(e) into the curriculum required for continuous
  144  employment or appointment as a law enforcement officer.
  145         Section 6. Section 39.0141 and subsection (22) of section
  146  39.301, Florida Statutes, are reenacted for the purpose of
  147  incorporating the amendment made by this act to section 937.021,
  148  Florida Statutes, in references thereto.
  149         Section 7. This act shall take effect July 1, 2015.