Florida 2023 Regular Session

Florida House Bill H1275 Latest Draft

Bill / Enrolled Version Filed 05/01/2023

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