ENROLLED CS/HB 1275 2023 Legislature CODING: Words stricken are deletions; words underlined are additions. hb1275-02-er Page 1 of 4 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. hb1275-02-er Page 2 of 4 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. hb1275-02-er Page 3 of 4 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. hb1275-02-er Page 4 of 4 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