SB 834 — Emergency Alerts

Florida Senate - 2020 CS for SB 834 By Senatorthe SimmonsCommittee 9-00501-20on 2020834__Infrastructure Aand billSecurity; to be entitled An act relating to emergency alerts;

and Senator Simmons 596-02229-20 2020834c1 A bill to be entitled An act relating to emergency alerts;

providing immunity from civil liability to certain persons for damages for complying in good faith with specified provisions;

providing a presumption of good faith;

providing construction;

providing immunity from civil liability to certain persons for damages for complying in good faith with specified provisions;

providing a presumption of good faith;

providing construction;

3543 Be It Enacted by the Legislature of the State of Florida:

3745 Section 1. Section 784.072, Florida Statutes, is created to read:

(d)1. Upon recording, reporting, transmitting, displaying, or releasing information pertaining to a Lockdown Alert, the local law enforcement agency with jurisdiction;

the Department of Law Enforcement;

any state or local law enforcement agency and the personnel of these agencies;

any radio or television network, broadcaster, or other media representative;

any dealer of communications services as defined in s.

202.11;

or any agency, employee, individual, or entity is immune from civil liability for damages for complying in good faith with this subsection and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing information pertaining to a Lockdown Alert.

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 information pertaining to a Lockdown Alert is incomplete or incorrect because the information received from the local law enforcement agency was incomplete or incorrect.

2. Neither this subsection nor any other law creates a duty of the agency, employee, individual, or entity to record, report, transmit, display, or release the Lockdown Alert information received from the local law enforcement agency having jurisdiction.

The decision to record, report, transmit, display, or release information is discretionary with the agency, employee, individual, or entity receiving the information.

(c)1. Upon receiving a request to record, report, transmit, display, or release Imminent Threat Alert information from the law enforcement agency having jurisdiction, the Department of Law Enforcement;

any state or local law enforcement agency and the personnel of these agencies;

any radio or television network, broadcaster, or other media representative;

any dealer of communications services as defined in s.

202.11;

or any agency, employee, individual, or entity is immune from civil liability for damages for complying in good faith with this subsection and is presumed to have acted in good faith in recording, reporting, transmitting, displaying, or releasing information pertaining to an Imminent Threat Alert.

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 information pertaining to an Imminent Threat Alert is incomplete or incorrect because the information received from the local law enforcement agency was incomplete or incorrect.

2. Neither this subsection nor any other law creates a duty of the agency, employee, individual, or entity to record, report, transmit, display, or release the Imminent Threat Alert information received from the local law enforcement agency having jurisdiction.

The decision to record, report, transmit, display, or release information is discretionary with the agency, employee, individual, or entity receiving the information.