FL
Florida House Bill H0937

Florida 2024 Regular Session

Florida House Bill H0937 Compare Versions

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1010 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+A bill to be entitled 1
1515 An act relating to the Purple Alert; amending s. 2
1616 937.0205, F.S.; requiring local law enforcement 3
1717 agencies to develop policies for a local activation of 4
1818 a Purple Alert for certain missing adults; specifying 5
1919 requirements for such policies; specifying duties of 6
2020 the Department of Law Enforcement's Missing Endangered 7
2121 Persons Information Clearinghouse in the event of a 8
2222 state Purple Alert; specifying conditions under which 9
2323 a local law enforcement agency may request the 10
2424 clearinghouse to open a case; conforming provisions to 11
2525 changes made by the act; providing an effective date. 12
2626 13
2727 Be It Enacted by the Legislature of the State of Florida: 14
2828 15
2929 Section 1. Section 9 37.0205, Florida Statutes, is amended 16
3030 to read: 17
3131 937.0205 Purple Alert. — 18
3232 (1) The Legislature finds that a standardized state system 19
3333 is necessary to aid in the search for a missing adult identified 20
3434 in subsection (4) paragraph (4)(a). The Legislature also finds 21
3535 that a coordinated local law enforcement and state agency 22
3636 response with prompt and widespread sharing of information will 23
3737 improve the chances of finding the person. 24
3838 (2) It is the intent of the Legislature to establish the 25
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4747 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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5151 Purple Alert, to be implem ented in a manner that, to the extent 26
5252 practicable, safeguards the privacy rights and related health 27
5353 and diagnostic information of such missing adults. 28
5454 (3) The Department of Law Enforcement, in cooperation with 29
5555 the Department of Transportation, the Depart ment of Highway 30
5656 Safety and Motor Vehicles, the Department of the Lottery, and 31
5757 local law enforcement agencies, shall establish and implement 32
5858 the Purple Alert. At a minimum, the Purple Alert must: 33
5959 (a) Be the only viable means by which the missing adult is 34
6060 likely to be returned to safety; 35
6161 (b) Provide, to the greatest extent possible, for the 36
6262 protection of the privacy, dignity, and independence of the 37
6363 missing adult by including standards aimed at safeguarding these 38
6464 civil liberties by preventing the inadvert ent or unnecessary 39
6565 broadcasting or dissemination of sensitive health and diagnostic 40
6666 information; 41
6767 (c) Limit the broadcasting and dissemination of alerts and 42
6868 related information to the geographic areas where the missing 43
6969 adult could reasonably be, consideri ng his or her circumstances 44
7070 and physical and mental condition, the potential modes of 45
7171 transportation available to him or her or suspected to be 46
7272 involved, and the known or suspected circumstances of his or her 47
7373 disappearance; and 48
7474 (d) Be activated only when there is sufficient descriptive 49
7575 information about the missing adult and the circumstances 50
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8484 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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8888 surrounding his or her disappearance to indicate that activating 51
8989 the alert is likely to help locate the missing adult. 52
9090 (4)(a) Under a Purple Alert, a local law enforcement 53
9191 agency may broadcast to the media and to persons who subscribe 54
9292 to receive alert notifications under this section information 55
9393 concerning a missing adult is deemed to be an adult : 56
9494 (a)1. Who has a mental or cognitive disability that is not 57
9595 Alzheimer's disease or a dementia -related disorder; an 58
9696 intellectual disability or a developmental disability, as those 59
9797 terms are defined in s. 393.063; a brain injury; another 60
9898 physical, mental, or emotional disability that is not related to 61
9999 substance abuse; or a c ombination of any of these; 62
100100 (b)2. Whose disappearance indicates a credible threat of 63
101101 immediate danger or serious bodily harm to himself or herself, 64
102102 as determined by the local law enforcement agency; 65
103103 (c)3. Who cannot be returned to safety without law 66
104104 enforcement intervention; and 67
105105 (d)4. Who does not meet the criteria for activation of a 68
106106 local Silver Alert or the Silver Alert Plan of the Department of 69
107107 Law Enforcement. 70
108108 (5) For a missing adult on foot or in an unidentified 71
109109 vehicle, local law enforcement agencies shall develop their own 72
110110 policies for activation of a local Purple Alert that meets the 73
111111 requirements set forth in s. 937.021 and shall: 74
112112 (a) Contact media outlets in the affected area or 75
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121121 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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125125 surrounding jurisdictions; 76
126126 (b) Inform all on-duty law enforcement officers of the 77
127127 missing adult report; and 78
128128 (c) Communicate the report to any other law enforcement 79
129129 agency in the county of jurisdiction. 80
130130 (6) A state Purple Alert may be requested from the 81
131131 Department of Law Enforcem ent's Missing Endangered Persons 82
132132 Information Clearinghouse when the investigation indicates that 83
133133 there is a motor vehicle with an identified license plate or 84
134134 other vehicle information. The clearinghouse shall: 85
135135 (a) Coordinate with the Department of Transp ortation and 86
136136 the Department of Highway Safety and Motor Vehicles for the 87
137137 activation of dynamic message signs on state highways and the 88
138138 immediate distribution of critical information to the public 89
139139 regarding the missing adult in accordance with the alert; 90
140140 (b) Coordinate with the Department of the Lottery to have 91
141141 the state Purple Alert broadcast on lottery terminals, 92
142142 including, but not limited to, lottery terminals in gas 93
143143 stations, convenience stores, and supermarkets; and 94
144144 (c) Notify subscribers. 95
145145 (7) If a local or state Purple Alert is determined to be 96
146146 necessary and appropriate, the local law enforcement agency 97
147147 having jurisdiction may also request that a case be opened with 98
148148 the Department of Law Enforcement's Missing Endangered Persons 99
149149 Information Clearinghouse. 100
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158158 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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162162 (b) If a Purple Alert is determined to be necessary and 101
163163 appropriate, the local law enforcement agency having 102
164164 jurisdiction must notify the media and subscribers in the 103
165165 jurisdiction or jurisdictions where the missing adult is 104
166166 believed to or may be located. The local law enforcement agency 105
167167 having jurisdiction may also request that the Purple Alert 106
168168 notification be broadcast on lottery terminals within the 107
169169 geographic regions where the missing adult may reasonably be, 108
170170 including, but not limited to, lott ery terminals in gas 109
171171 stations, convenience stores, and supermarkets. 110
172172 (c) Under the Purple Alert, the local law enforcement 111
173173 agency having jurisdiction may also request that a case be 112
174174 opened with the Department of Law Enforcement's Missing 113
175175 Endangered Persons Information Clearinghouse. To enhance local 114
176176 or regional efforts when the investigation indicates that an 115
177177 identifiable vehicle is involved, the clearinghouse must 116
178178 coordinate with the Department of Transportation and the 117
179179 Department of Highway Safety and M otor Vehicles for the 118
180180 activation of dynamic message signs on state highways and the 119
181181 immediate distribution of critical information to the public 120
182182 regarding the missing adult in accordance with the alert. 121
183183 (8)(5) The state Purple Alert process must include 122
184184 procedures to monitor the use, activation, and results of alerts 123
185185 and a strategy for informing and educating law enforcement, the 124
186186 media, and other stakeholders concerning the alert. 125
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195195 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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199199 (9)(6) The Department of Law Enforcement may adopt rules 126
200200 to implement and administer this section. 127
201201 Section 2. This act shall take effect July 1, 2024. 128