SB 844 — Orange Alert

Florida Senate - 2019 (CorrectedCS Copy)for CS for SB 844 By the CommitteeCommittees on InfrastructureAppropriations; and Security;

and SenatorInfrastructure Bermanand 596-02974-19Security; 2019844c1 A bill to be entitled An act relating to the At-Risk Adult Alert Plan;

and Senators Berman, Bean, Hutson, and Gibson 576-04169-19 2019844c2 A bill to be entitled An act relating to the Orange Alert;

redefining the term “missing endangered person” to include a missing adult who meets the criteria for activation of the At-RiskOrange Adult Alert Plan of the Department of Law Enforcement;

requiring the Department of Law Enforcement, in cooperation with the Department of Transportation, the Department of Highway Safety and Motor Vehicles, the Department of the Lottery, and local law enforcement agencies, to establish and implement the At-RiskOrange AdultAlert; Alert Plan;

providing planalert requirements;

specifying that an agency responsible for posting an At-RiskOrange Adult Alert on dynamic message signs does not violate the act if other emergency information must be posted instead;

requiring the At-RiskOrange Adult Alert Plan to include certain procedures;

specifying additional requirements for the plan;alert;

providing that the Department of Law Enforcement, as the At-RiskOrange Adult Alert coordinator, and certain agencies, employees, individuals, and entities are immune from civil liability for damages for performing certain actions in good faith;

authorizing only the law enforcement agency having jurisdiction over a case to make a request to the clearinghouse for the activation of a state At-RiskOrange Adult Alert involving a missing adult under certain circumstances;

providing an appropriation;

(e) A missing adult who meets the criteria for activation of the At-RiskOrange Adult Alert Plan of the Department of Law Enforcement pursuant to s.

937.0205 At-Risk937.0205 Orange AdultAlert.— Alert Plan.— (1) The Legislature finds that a standardized state system is necessary to aid in the search for a missing adult whoas hasdescribed anin irreversiblesubparagraphs cognitive(4)(a)1., disorder2., or syndrome or brain injury, whose disappearance poses a credible threat to the person’s welfare and safety,3. and who does not meet the criteria for activation of the Silver Alert Plan of the Department of Law Enforcement.

Therefore, the Legislature intends to establish the At-RiskOrange Adult Alert Plan pursuant to this section.

(2) It is the intent of the Legislature that the At-RiskOrange Adult Alert Plan be established and implemented in a manner that seeks to safeguard the privacy rights and related health and diagnostic information of the missing adult to the greatest extent practicable.

(3) The Department of Law Enforcement, in cooperation with the Department of Transportation, the Department of Highway Safety and Motor Vehicles, the Department of the Lottery, and local law enforcement agencies, shall establish and implement the At-RiskOrange AdultAlert. Alert Plan.

At a minimum, the At-RiskOrange Adult Alert Plan must:

(4)(a) Under the At-RiskOrange AdultAlert, Alert Plan, a local law enforcement agency may broadcast to persons who subscribe forto receive notifications under this section and to the media aboutinformation concerning a missing adult:

1. Who has an irreversible cognitive disorder or syndrome or brain injury, including, but not limited to, a developmentalmental disability or ancognitive intellectualdisability; disability, as those terms are defined in s.

an intellectual disability or a developmental disability as those terms are defined in s.

2. Whose disappearance poses a crediblebrain threatinjury; to the person’s welfare and safety;

another physical, mental, or emotional disability or impaired judgment not related to substance abuse;

or a combination of any of these;

2. Whose disappearance poses a credible threat of immediate danger or serious bodily harm to himself or herself, as determined by the local law enforcement agency;

(c) Under the plan,Orange Alert, the local law enforcement agency may also request that a case be opened with the Department of Law Enforcement’s Missing Endangered Persons Information Clearinghouse.

To enhance the local or regional efforts, in cases in which a vehicle is involved, the clearinghouse must coordinate with the Department of Transportation and the Department of Highway Safety and Motor Vehicles for the activation of dynamic message signs on state highways and the immediate broadcast of critical information to the public about the missing adult in accordance with the plan.alert.

(d) If a traffic emergency arises requiring that information pertaining to the traffic emergency be displayed on a dynamic message sign on a state highway in lieu of an At-RiskOrange Adult Alert, the agency responsible for posting the At-RiskOrange Adult Alert on the dynamic message sign does not violate this section.

(5) The At-RiskOrange Adult Alert Plan must include procedures to monitor the use and activation of this system and the results from its use.

The planOrange Alert must also include a strategy for informing and educating law enforcement, the media, and other stakeholders about the plan.alert.

937.021 Missing child and missing adult reports.— (5) (c) Upon receiving a request to record, report, transmit, display, or release Silver Alert or At-RiskOrange Adult Alert information from the law enforcement agency having jurisdiction over the missing adult, the Department of Law Enforcement as the state Silver Alert and the At-RiskOrange Adult Alert coordinator, any state or local law enforcement agency, and the personnel of these agencies;

or any agency, employee, individual, or entity is immune from civil liability for damages for complying in good faith with the request and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing Silver Alert or At-RiskOrange Adult Alert information pertaining to the missing adult.

(d) The presumption of good faith is not overcome if a technical or clerical error is made by any agency, employee, individual, or entity acting at the request of the local law enforcement agency having jurisdiction, or if the Amber Alert, Missing Child Alert, missing child information, missing adult information, or Silver Alert, or At-RiskOrange Adult Alert information is incomplete or incorrect because the information received from the local law enforcement agency was incomplete or incorrect.

(e) Neither this subsection nor any other provision of law creates a duty of the agency, employee, individual, or entity to record, report, transmit, display, or release the Amber Alert, Missing Child Alert, missing child information, missing adult information, or Silver Alert, or At-RiskOrange Adult Alert information received from the local law enforcement agency having jurisdiction.

4. Only the law enforcement agency having jurisdiction over the case may make a request to the clearinghouse for the activation of a state Silver Alert or an At-RiskOrange Adult Alert involving a missing adult if circumstances regarding the disappearance have met the criteria for activation of the Silver Alert Plan or the At-RiskOrange AdultAlert. Alert Plan.

2. Information on the Silver Alert program and the At-RiskOrange Adult Alert Plan in this state.

(9) An adult day care center having a license designated under this section must give to each person who enrolls as an ADRD participant in the center, or the caregiver, a copy of the ADRD participant’s plan of care, as well as information regarding resources to assist in ensuring the safety and security of the ADRD participant, which must include, but need not be limited to, information pertaining to driving for those persons affected by dementia, available technology on wandering prevention devices and identification devices, the Silver Alert program and the At-RiskOrange Adult Alert Plan in this state, and dementia-specificdementia specific safety interventions and strategies that can be used in the home setting.

Section 6. This6. For actthe shall2019-2020 takefiscal effectyear, Julythe 1,sums 2020.of $152,836 in recurring and $170,000 in nonrecurring funds from the General Revenue Fund are appropriated to the Florida Department of Law Enforcement, and three full-time equivalent positions with an associated salary rate of 83,779 are authorized for the purpose of implementing this act.

Section 7. This act shall take effect July 1, 2020.