HB 1271 2022
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hb1271-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to an active shooter alert system; 2
creating s. 943.45, F.S.; providing for the 3
development and implementation of an active shooter 4
alert system by the Department of Law Enforcement; 5
providing for cooperation by other agencies; providing 6
for rulemaking; providing for the recruitment of 7
participants; providing criteria for activation of the 8
system; providing requirements for law enforce ment 9
agencies requesting activation of the system; 10
providing duties of state agencies concerning the 11
system; limiting participation by the Department of 12
Transportation; providing for termination of the 13
system; limiting liability for failure to activate the 14
system; providing an effective date. 15
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Be It Enacted by the Legislature of the State of Florida: 17
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Section 1. Section 943.45, Florida Statutes, is created to 19
read: 20
943.45 Active shooter alert system. — 21
(1) DEVELOPMENT AND IMPLEMENTATION. —With the cooperation 22
of the Department of Transportation, the Executive Office of the 23
Governor, and other appropriate law enforcement agencies in this 24
state, the department shall develop and implement an alert 25
HB 1271 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
system to be activated upon report of an active shoote r. 26
(2) ADMINISTRATION. — 27
(a) The executive director is the statewide coordinator of 28
the alert system. 29
(b) The department shall adopt rules as necessary to 30
ensure proper implementation of the alert system. The rules must 31
include instructions on the pro cedures for activating and 32
deactivating the alert system. 33
(c) The department shall prescribe forms for law 34
enforcement agencies to use in requesting activation of the 35
alert system. 36
(3) RECRUITING PARTICIPANTS. — 37
(a) The department shall recruit public and commercial 38
television and radio broadcasters, mobile telephone service 39
providers by use of the federal Wireless Emergency Alert system, 40
private commercial entities, state or local governmental 41
entities, the public, and other appropriate persons to ass ist in 42
the development and implementation of the alert system. 43
(b) The department may enter into agreements with 44
participants in the alert system to provide necessary support 45
for the alert system. 46
(4) ACTIVATION.— 47
(a) Upon the request of a state or local law enforcement 48
agency or as the department determines appropriate to assist a 49
law enforcement agency regarding an active shooter, the 50
HB 1271 2022
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department shall activate the alert system and notify 51
appropriate participants in the alert system as established b y 52
rule if the law enforcement agency or department: 53
1. Believes an active shooter is in an agency's 54
jurisdiction. 55
2. Determines an active shooter alert would assist 56
individuals near the active shooter's location. 57
3. Verifies the active shooter situation through a 58
preliminary investigation. 59
4. Provides the active shooter's last known location and 60
any identifiable information about the active shooter. 61
(b) The department may modify the criteria described by 62
paragraph (a) as necessary for the proper implementation of the 63
alert system. 64
(5) LAW ENFORCEMENT AGENCIES. —Before requesting activation 65
of the alert system, a law enforcement agency must verify that 66
the criteria in paragraph (4)(a) have been satisfied. Upon 67
verification that the applicable criteria have been satisfied, a 68
law enforcement agency may immediately contact the department to 69
request activation of the alert system and supply the necessary 70
information. 71
(6) STATE AGENCIES. — 72
(a) A state agency part icipating in the alert system 73
shall: 74
1. Cooperate with the department and assist in developing 75
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and implementing the alert system. 76
2. Establish a plan for providing relevant information to 77
its officers, investigators, or employees, as appropriate, on 78
activation of the alert system. 79
(b) In addition to its duties as a state agency under 80
paragraph (a), the Department of Transportation shall establish 81
a plan for providing relevant information to the public within 82
50 miles of an active shooter for which an alert has been issued 83
through an existing system of dynamic message signs located 84
across the state. 85
(7) LIMITATION ON PARTICIPATION BY DEPARTMENT OF 86
TRANSPORTATION.—Notwithstanding paragraph (6)(b), the Department 87
of Transportation is not required to u se any existing system of 88
dynamic message signs in a statewide alert system created under 89
this section if the Department of Transportation receives notice 90
from the United States Department of Transportation Federal 91
Highway Administration that the use of th e signs would result in 92
the loss of federal highway funding or other punitive actions 93
taken against this state due to noncompliance with federal laws, 94
regulations, or policies. 95
(8) TERMINATION.—The executive director shall terminate 96
any activation of the alert system for a particular active 97
shooter if: 98
(a) The active shooter situation is resolved; or 99
(b) The executive director or a law enforcement agency 100
HB 1271 2022
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determines that the alert system is no longer an effective tool 101
for providing relevant information to the public about the 102
active shooter. 103
(9) LIMITATION OF LIABILITY. —Neither the department nor a 104
law enforcement agency is liable for a failure to activate the 105
alert system. 106
Section 2. This act shall take effect July 1, 2022. 107