Florida 2022 Regular Session

Florida House Bill H1271 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to an active shooter alert system; 2
16	16	creating s. 943.45, F.S.; providing for the 3
17	17	development and implementation of an active shooter 4
18	18	alert system by the Department of Law Enforcement; 5
19	19	providing for cooperation by other agencies; providing 6
20	20	for rulemaking; providing for the recruitment of 7
21	21	participants; providing criteria for activation of the 8
22	22	system; providing requirements for law enforce ment 9
23	23	agencies requesting activation of the system; 10
24	24	providing duties of state agencies concerning the 11
25	25	system; limiting participation by the Department of 12
26	26	Transportation; providing for termination of the 13
27	27	system; limiting liability for failure to activate the 14
28	28	system; providing an effective date. 15
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30	30	Be It Enacted by the Legislature of the State of Florida: 17
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32	32	Section 1. Section 943.45, Florida Statutes, is created to 19
33	33	read: 20
34	34	943.45 Active shooter alert system. — 21
35	35	(1) DEVELOPMENT AND IMPLEMENTATION. —With the cooperation 22
36	36	of the Department of Transportation, the Executive Office of the 23
37	37	Governor, and other appropriate law enforcement agencies in this 24
38	38	state, the department shall develop and implement an alert 25
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47	47	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
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51	51	system to be activated upon report of an active shoote r. 26
52	52	(2) ADMINISTRATION. — 27
53	53	(a) The executive director is the statewide coordinator of 28
54	54	the alert system. 29
55	55	(b) The department shall adopt rules as necessary to 30
56	56	ensure proper implementation of the alert system. The rules must 31
57	57	include instructions on the pro cedures for activating and 32
58	58	deactivating the alert system. 33
59	59	(c) The department shall prescribe forms for law 34
60	60	enforcement agencies to use in requesting activation of the 35
61	61	alert system. 36
62	62	(3) RECRUITING PARTICIPANTS. — 37
63	63	(a) The department shall recruit public and commercial 38
64	64	television and radio broadcasters, mobile telephone service 39
65	65	providers by use of the federal Wireless Emergency Alert system, 40
66	66	private commercial entities, state or local governmental 41
67	67	entities, the public, and other appropriate persons to ass ist in 42
68	68	the development and implementation of the alert system. 43
69	69	(b) The department may enter into agreements with 44
70	70	participants in the alert system to provide necessary support 45
71	71	for the alert system. 46
72	72	(4) ACTIVATION.— 47
73	73	(a) Upon the request of a state or local law enforcement 48
74	74	agency or as the department determines appropriate to assist a 49
75	75	law enforcement agency regarding an active shooter, the 50
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84	84	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
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88	88	department shall activate the alert system and notify 51
89	89	appropriate participants in the alert system as established b y 52
90	90	rule if the law enforcement agency or department: 53
91	91	1. Believes an active shooter is in an agency's 54
92	92	jurisdiction. 55
93	93	2. Determines an active shooter alert would assist 56
94	94	individuals near the active shooter's location. 57
95	95	3. Verifies the active shooter situation through a 58
96	96	preliminary investigation. 59
97	97	4. Provides the active shooter's last known location and 60
98	98	any identifiable information about the active shooter. 61
99	99	(b) The department may modify the criteria described by 62
100	100	paragraph (a) as necessary for the proper implementation of the 63
101	101	alert system. 64
102	102	(5) LAW ENFORCEMENT AGENCIES. —Before requesting activation 65
103	103	of the alert system, a law enforcement agency must verify that 66
104	104	the criteria in paragraph (4)(a) have been satisfied. Upon 67
105	105	verification that the applicable criteria have been satisfied, a 68
106	106	law enforcement agency may immediately contact the department to 69
107	107	request activation of the alert system and supply the necessary 70
108	108	information. 71
109	109	(6) STATE AGENCIES. — 72
110	110	(a) A state agency part icipating in the alert system 73
111	111	shall: 74
112	112	1. Cooperate with the department and assist in developing 75
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121	121	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
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125	125	and implementing the alert system. 76
126	126	2. Establish a plan for providing relevant information to 77
127	127	its officers, investigators, or employees, as appropriate, on 78
128	128	activation of the alert system. 79
129	129	(b) In addition to its duties as a state agency under 80
130	130	paragraph (a), the Department of Transportation shall establish 81
131	131	a plan for providing relevant information to the public within 82
132	132	50 miles of an active shooter for which an alert has been issued 83
133	133	through an existing system of dynamic message signs located 84
134	134	across the state. 85
135	135	(7) LIMITATION ON PARTICIPATION BY DEPARTMENT OF 86
136	136	TRANSPORTATION.—Notwithstanding paragraph (6)(b), the Department 87
137	137	of Transportation is not required to u se any existing system of 88
138	138	dynamic message signs in a statewide alert system created under 89
139	139	this section if the Department of Transportation receives notice 90
140	140	from the United States Department of Transportation Federal 91
141	141	Highway Administration that the use of th e signs would result in 92
142	142	the loss of federal highway funding or other punitive actions 93
143	143	taken against this state due to noncompliance with federal laws, 94
144	144	regulations, or policies. 95
145	145	(8) TERMINATION.—The executive director shall terminate 96
146	146	any activation of the alert system for a particular active 97
147	147	shooter if: 98
148	148	(a) The active shooter situation is resolved; or 99
149	149	(b) The executive director or a law enforcement agency 100
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158	158	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
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162	162	determines that the alert system is no longer an effective tool 101
163	163	for providing relevant information to the public about the 102
164	164	active shooter. 103
165	165	(9) LIMITATION OF LIABILITY. —Neither the department nor a 104
166	166	law enforcement agency is liable for a failure to activate the 105
167	167	alert system. 106
168	168	Section 2. This act shall take effect July 1, 2022. 107