Florida 2023 Regular Session

Florida House Bill H1275 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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2		-	~~ENROLLED~~
3		-	CS/HB 1275 2023 ~~Legislature~~
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7	7		CODING: Words stricken are deletions; words underlined are additions.
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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		-	1
	14	+	A bill to be entitled 1
15	15		An act relating to the Persons with Disabilities 2
16	16		Registry; providing a short title; creating s. 402.88, 3
17	17		F.S.; authorizing local law enforcement agencies to 4
18	18		develop and maintain a database to be known as 5
19	19		"Persons with Disabilities Registry"; providing for 6
20	20		enrollment in and removal from the registry; 7
21	21		specifying information the registry may include; 8
22	22		authorizing local law enforcement agencies to provide 9
23	23		access to the registry and relevant information from 10
24	24		the registry to law enforcement officers under certain 11
25	25		circumstances; providing an effective date. 12
26	26		13
27	27		Be It Enacted by the Legislature of the State of Florida: 14
28	28		15
29	29		Section 1. This act may be cited as the "Prot ect Our Loved 16
30	30		Ones Act." 17
31	31		Section 2. Section 402.88, Florida Statutes, is created to 18
32	32		read: 19
33	33		402.88 Persons with Disabilities Registry. — 20
34	34		(1)(a) A local law enforcement agency may develop and 21
35	35		maintain a database, to be known as a "Persons with Disabili ties 22
36	36		Registry," listing persons who have developmental, 23
37	37		psychological, or other disabilities or conditions that may be 24
38	38		relevant to their interactions with law enforcement officers. 25
39		-	~~ENROLLED~~
40		-	CS/HB 1275 2023 ~~Legislature~~
	39	+
	40	+	CS/HB 1275 2023
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44	44		CODING: Words stricken are deletions; words underlined are additions.
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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		Persons with any type of confirmed developmental, psychological, 26
52	52		or other disability or condition, including, but not limited to, 27
53	53		autism spectrum disorder, Alzheimer's disease or a dementia -28
54	54		related disorder, or Down syndrome, may be enrolled in a 29
55	55		registry. 30
56	56		(b) An adult with a disability or condition may enroll 31
57	57		himself or herself in a registry. If a person with a disability 32
58	58		has been declared incapacitated under chapter 744, a parent or 33
59	59		legal guardian of the person may enroll him or her in a 34
60	60		registry. An incapacitated adult enrolled by another person must 35
61	61		be notified of that enrol lment by the local law enforcement 36
62	62		agency in writing at his or her address of record within 5 37
63	63		business days after enrollment in a registry. 38
64	64		(c) A minor with a disability or condition may be enrolled 39
65	65		in a registry by his or her parent or legal guardian. A minor 40
66	66		who was enrolled by another person must be notified by the local 41
67	67		law enforcement agency in writing of that enrollment at his or 42
68	68		her address of record within 5 business days after he or she 43
69	69		reaches 18 years of age. 44
70	70		(d) At the time of registration, proof of eligibility for 45
71	71		enrollment in a registry must be submitted to the local law 46
72	72		enforcement agency. The local law enforcement agency may accept 47
73	73		any of the following documents for proof of eligibility: 48
74	74		1. Certification of the disability or condition from a: 49
75	75		a. Physician or physician assistant licensed under chapter 50
76		-	~~ENROLLED~~
77		-	CS/HB 1275 2023 ~~Legislature~~
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81	81		CODING: Words stricken are deletions; words underlined are additions.
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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		458 or chapter 459 or an advanced practice registered nurse 51
89	89		licensed under chapter 464; or 52
90	90		b. Psychologist licensed under chapter 490, a mental 53
91	91		health counselor licensed under chapter 491, or a psychiatrist 54
92	92		as defined in s. 394.455, if the registration is based on 55
93	93		psychological conditions. 56
94	94		2. Documentation of the legal authority for a parent or 57
95	95		legal guardian to enroll a child or ward, including, but not 58
96	96		limited to, proof of parentage or guardianship, through: 59
97	97		a. A birth certificate as described in s. 382.013; 60
98	98		b. A power of attorney, as defined in s. 709.2102; 61
99	99		c. A court order establishing parental rights or 62
100	100		guardianship; or 63
101	101		d. Letters of guardianship as described in s. 744.345. 64
102	102		(e) A registration is valid until the person is removed 65
103	103		from the registry. A minor or an incapacitated adult may be 66
104	104		removed from a registry by the minor's parent or legal guardian 67
105	105		or the adult's legal guardian, respectively. A competent person 68
106	106		who has reached 18 years of age may also choose to have his or 69
107	107		her name removed from a registry. Upon a valid verbal or written 70
108	108		request for removal of a person from a registry, the local law 71
109	109		enforcement agency must remove the person's information from the 72
110	110		registry within 5 business days after the request is made. 73
111	111		(2) A registry may include, but need not be limited to, 74
112	112		any of the following information: 75
113		-	~~ENROLLED~~
114		-	CS/HB 1275 2023 ~~Legislature~~
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118	118		CODING: Words stricken are deletions; words underlined are additions.
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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		(a) The listed person's name, contact information, 76
126	126		personal identifying information, and disability or c ondition 77
127	127		that may be relevant to interactions with law enforcement 78
128	128		officers. 79
129	129		(b) If a person did not enroll himself or herself, the 80
130	130		name, contact information, and personal identifying information 81
131	131		of the person who enrolled the listed person in the regist ry. 82
132	132		(c) Any additional information provided by the enrollee or 83
133	133		the person who enrolled the listed person in the registry, 84
134	134		including the certification of the disability or condition. 85
135	135		(3) A local law enforcement agency may provide relevant 86
136	136		information from a registry to a law enforcement officer engaged 87
137	137		in his or her official duties. 88
138	138		Section 3. This act shall take effect January 1, 2024. 89