SB 784 — Special Persons Registry

Florida Senate - 2023 CS for SB 784 By Senator Burgess 23-00274-23 2023784__ A bill to be entitled An act relating to the SpecialCommittee Personson Registry;Criminal Justice;

and Senator Burgess 591-03480-23 2023784c1 A bill to be entitled An act relating to the Special Persons Registry;

requiring that certain documentation be submitted to the local law enforcement agency at the time of registration;

specifying the types of documentation local law enforcement agencies may accept as proof of eligibility for registration in the registry;

402.88 Special Persons Registry in interactions with law enforcement.— (1)(a) A local law enforcement agency may develop and maintain a database, to be known as the “Special Persons Registry,” listing persons who have developmental, psychological,Page or1 otherof disabilities4 orCODING: conditions that may be relevant to their interactions with law enforcement officers.

Persons with any type of confirmed developmental, psychological, or other disability or condition, including, but not limited to, autism spectrum disorder, Alzheimer’s disease or a dementia- Page 1 of 3 CODING:

Florida Senate - 2023 CS for SB 784 23-00274-23591-03480-23 2023784__2023784c1 relatedpsychological, disorder,or bipolarother disorder,disabilities or Downconditions syndrome,that may be enrolledrelevant into thetheir registry.interactions with law enforcement officers.

ThePersons confirmationwith any type of theconfirmed disabilitydevelopmental, psychological, or conditionother mustdisability beor certifiedcondition, byincluding, abut physiciannot orlimited physicianto, assistantautism licensedspectrum underdisorder, chapterAlzheimer’s 458disease or chaptera 459dementia- orrelated andisorder, advancedor practiceDown registeredsyndrome, nursemay licensedbe underenrolled chapterin 464.the registry.

In(b) theAn caseadult ofwith psychological conditions, the confirmation of the condition must be certified by a psychologistdisability licensedmay underenroll chapterhimself 490, a mental health counselor licensed under chapter 491, or aherself psychiatrist as defined in s.the registry.

394.455(37).

An adult with a disability may enroll himself or herself in the registry.

(b) A minor with a disability or condition may be enrolled in the registry by his or her parent or legal guardian.

(c) A minor whowith wasa enrolleddisability byor anothercondition personmay must be notifiedenrolled byin the agencyregistry inby writing of that enrollment at his or her addressparent of record within 5 business days after his or herlegal 18thguardian. birthday.

(c) A registrationminor isenrolled validby untilanother the person ismust removedbe fromnotified by the registry.agency in writing of that enrollment at his or her address of record within 5 business days after his or her 18th birthday.

A(d) minorProof orof aneligibility incapacitatedfor adultenrollment mayin bethe removedregistry frommust thebe registrysubmitted byto the minor’slocal parentlaw orenforcement legalagency guardianat or the adult’stime legalof guardian,registration. respectively.

AThe competentlocal personlaw whoenforcement hasagency reachedmay 18accept yearsany of agethe mayfollowing alsodocuments chooseas tothe haverequisite hisproof orof hereligibility: name removed from the registry.

Upon1. a valid verbal or written request for removal of a person from the Page 2 of 3 CODING:

Certification of the disability or condition from:

a.

A physician or physician assistant licensed under chapter 458 or chapter 459 or an advanced practice registered nurse licensed under chapter 464;

or Page 2 of 4 CODING:

Florida Senate - 2023 CS for SB 784 23-00274-23591-03480-23 2023784__2023784c1 registry,b. the local law enforcement agency must remove the person’s information from the registry within 5 business days after the request is made.

If the registration is based on a psychological condition, a psychologist licensed under chapter 490, a mental health counselor licensed under chapter 491, or a psychiatrist as defined in s.

394.455(37).

2.

Proof of parentage, guardianship, or other legal authority of a parent or legal guardian to enroll a child or ward in the registry, including, but not limited to, any of the following documentation, as applicable:

a.

A birth certificate as described in s.

382.013;

b.

A power of attorney, as defined in s.

709.2102(9);

c.

A court order establishing parental rights or guardianship;

or d.

Letters of guardianship as described in s.

744.345.

(e) A registration is valid until the person is removed from the registry.

A minor or an incapacitated adult may be removed from the registry by the minor’s parent or legal guardian or the adult’s legal guardian, respectively.

A competent person who has reached 18 years of age may also choose to have his or her name removed from the registry.