CS/HB 1039 2023
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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 missing persons; amending ss. 2
937.021 and 937.022, F.S.; revising provisions 3
concerning missing children and adults to include 4
references to the National Missing and Unidentified 5
Persons System; providing an effective date. 6
7
Be It Enacted by the Legislature of the State of Florida: 8
9
Section 1. Paragraph (c) of subsection (1) and subsections 10
(2) and (4) of section 937.021, Florida Statutes, are amended to 11
read: 12
937.021 Missing child and missing adult reports. — 13
(1) Law enforcement agencies in this state shall adopt 14
written policies that specify the procedures to be used to 15
investigate reports of missing children and missi ng adults. The 16
policies must ensure that cases involving missing children and 17
adults are investigated promptly using appropriate resources. 18
The policies must include: 19
(c) Standards for maintaining and clearing computer data 20
of information concerning a mi ssing child or missing adult which 21
is stored in the Florida Crime Information Center , and the 22
National Crime Information Center , and the National Missing and 23
Unidentified Persons System . The standards must require, at a 24
minimum, a monthly review of each ca se and a determination of 25
CS/HB 1039 2023
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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
whether the case should be maintained in the database. 26
(2) An entry concerning a missing child or missing adult 27
may not be removed from the Florida Crime Information Center , or 28
the National Crime Information Center , or the National Missing 29
and Unidentified Persons System databases based solely on the 30
age of the missing child or missing adult. 31
(4)(a) Upon the filing of a police report that a child is 32
missing by the parent or guardian, the Department of Children 33
and Families, a community-based care provider, or a sheriff's 34
office providing investigative services for the department, the 35
law enforcement agency receiving the report shall immediately 36
inform all on-duty law enforcement officers of the missing child 37
report, communicate the report to every other law enforcement 38
agency having jurisdiction in the county, and within 2 hours 39
after receipt of the report, transmit the report for inclusion 40
within the Florida Crime Information Center , and the National 41
Crime Information Center , and the National Missing and 42
Unidentified Persons System databases. A law enforcement agency 43
may not require a reporter to present an order that a child be 44
taken into custody or any other such order before accepting a 45
report that a child is missing. 46
(b) Upon the filing of a credible police report that an 47
adult is missing, the law enforcement agency receiving the 48
report shall, within 2 hours after receipt of the report, 49
transmit the report for inclusion within the Florida Crime 50
CS/HB 1039 2023
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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
Information Center, and the National Crime Information Center , 51
and the National Missing and Unidentified Persons System 52
databases. 53
Section 2. Paragraph (b) of subsection (3) and subsection 54
(5) of section 937.022, Florida Statutes, are amended to read: 55
937.022 Missing Endangered P ersons Information 56
Clearinghouse.— 57
(3) The clearinghouse shall: 58
(b) Provide a centralized file for the exchange of 59
information on missing endangered persons. 60
1. Every state, county, or municipal law enforcement 61
agency shall submit to the clearinghous e information concerning 62
missing endangered persons. 63
2. Any person having knowledge may submit a missing 64
endangered person report to the clearinghouse concerning a child 65
or adult younger than 26 years of age whose whereabouts is 66
unknown, regardless of th e circumstances, subsequent to 67
reporting such child or adult missing to the appropriate law 68
enforcement agency within the county in which the child or adult 69
became missing, and subsequent to entry by the law enforcement 70
agency of the child or person into t he Florida Crime Information 71
Center, and the National Crime Information Center , and the 72
National Missing and Unidentified Persons System databases. The 73
missing endangered person report shall be included in the 74
clearinghouse database. 75
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3. Only the law enforcement agency having jurisdiction 76
over the case may submit a missing endangered person report to 77
the clearinghouse involving a missing adult age 26 years or 78
older who is suspected by a law enforcement agency of being 79
endangered or the victim of criminal activity. 80
4. Only the law enforcement agency having jurisdiction 81
over the case may make a request to the clearinghouse for the 82
activation of a state Silver Alert or a Purple Alert involving a 83
missing adult if circumstances regarding t he disappearance have 84
met the criteria for activation of the Silver Alert Plan or the 85
Purple Alert. 86
(5) The law enforcement agency having jurisdiction over a 87
case involving a missing endangered person shall, upon locating 88
the child or adult, immediately purge information about the case 89
from the Florida Crime Information Center , or the National Crime 90
Information Center, and the National Missing and Unidentified 91
Persons System databases and notify the clearinghouse. 92
Section 3. This act shall take effect July 1, 2023. 93