THE BILL ITSELF
HB 715
School and Child Care Facility Emergency Alerts
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A bill to be entitled
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An act relating to school and child care facility
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emergency alerts; creating s. 784.072, F.S.; defining
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terms; requiring a local law enforcement agency to
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activate the emergency alert system and issue a Ya Ya
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Alert to public and private schools and child care
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facilities under certain circumstances; requiring
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local law enforcement agencies to create and maintain
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a list of such schools and facilities within their
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jurisdictions; providing requirements for the
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maintenance of such list; providing immunity from
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civil liability to certain persons for damages for
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complying in good faith with specified provisions;
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providing a presumption of good faith; providing
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construction; requiring the Department of Law
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Enforcement, in cooperation with specified
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departments, to activate the emergency alert system
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and issue an Imminent Threat Alert at the request of a
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local law enforcement agency under certain
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circumstances; providing requirements for the issuance
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of Imminent Threat Alerts; providing immunity from
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civil liability to certain persons for damages for
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complying in good faith with specified provisions;
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providing a presumption of good faith; providing
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construction; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 784.072, Florida Statutes, is created to read:
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784.072 Notification of imminent threat to schools and
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child care facilities or the public; Ya Ya Alert; Imminent
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Threat Alert.—
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(1) As used in this section, the term:
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(a) "Child care facility" has the same meaning as in s.
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402.302.
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(b) "Imminent Threat Alert" means a notification issued
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pursuant to subsection (3) which informs the public that an
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imminent threat exists such that the lives and safety of people
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are endangered, including, but not limited to, instances in
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which a person suspected of killing or causing serious bodily
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injury to another person or assaulting another person with a
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deadly weapon has fled the scene of the offense.
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(c) "Private school" has the same meaning as in s.
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1002.01.
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(d) "Ya Ya Alert" means a notification issued pursuant to
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subsection (2) which informs public schools, private schools,
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and child care facilities that an imminent threat exists,
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including, but not limited to, instances in which a person
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suspected of killing or causing serious bodily injury to another
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person or assaulting another person with a deadly weapon has
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fled the scene of the offense, and which advises the schools and
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facilities to lock their doors and encourages persons in those
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schools and facilities to remain in lockdown and be vigilant in
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watching for and reporting any suspicious activity.
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(2)(a) If a local law enforcement agency that has
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jurisdiction over the scene of an incident determines that the
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scene gives rise to an imminent threat to the public, the agency
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must activate the emergency alert system and issue a Ya Ya Alert
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to all public and private schools and child care facilities
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within a 3-mile radius of the incident location and may activate
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the system and issue the alert to any other public or private
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school or child care facility the agency determines is at risk,
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given its proximity to the incident, including an incident in
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which all of the following conditions are satisfied:
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1. A person has been killed or has suffered serious bodily
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injury, or a person has been assaulted with a deadly weapon by
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another person.
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2. The person suspected of committing the offense has fled
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the scene of the offense.
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3. The law enforcement agency investigating the offense
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has determined that the suspect poses an imminent threat to the
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public safety.
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(b) For purposes of complying with this subsection, each
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local law enforcement agency shall create and maintain a list of
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all public schools, private schools, and child care facilities
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within its jurisdiction.
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(c) A public or private school or child care facility may
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contact local law enforcement agencies to verify that it is
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included on the list of those that will receive a Ya Ya Alert or
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to register to be included on the list. A local law enforcement
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agency must take a private school or child care facility off the
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list if the school or facility requests that it be taken off the
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list.
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(d)1. Upon recording, reporting, transmitting, displaying,
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or releasing information pertaining to a Ya Ya Alert, the local
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law enforcement agency with jurisdiction; the Department of Law
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Enforcement; any state or local law enforcement agency and the
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personnel of such agency; any radio or television network,
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broadcaster, or other media representative; any dealer of
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communications services as those terms are defined in s. 202.11;
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or any other agency, employee, individual, or entity is immune
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from civil liability for damages for complying in good faith
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with this subsection and is presumed to have acted in good faith
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in recording, reporting, transmitting, displaying, or releasing
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information pertaining to the Ya Ya Alert. The presumption of
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good faith is not overcome if a technical or clerical error is
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made by any agency, employee, individual, or entity acting at
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the request of the local law enforcement agency having
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jurisdiction, or if information pertaining to a Ya Ya Alert is
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incomplete or incorrect because the information received from
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the local law enforcement agency was incomplete or incorrect.
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2. This subsection may not be construed to create a duty
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of the agency, employee, individual, or entity to record,
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report, transmit, display, or release the Ya Ya Alert
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information received from the local law enforcement agency
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having jurisdiction. The decision to record, report, transmit,
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display, or release information is discretionary with the
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agency, employee, individual, or entity receiving the
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information.
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(3) At the request of a local law enforcement agency, the
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Department of Law Enforcement, in cooperation with the
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Department of Highway Safety and Motor Vehicles and the
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Department of Transportation, must activate the emergency alert
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system and issue an Imminent Threat Alert to the public when the
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local law enforcement agency confirms that an imminent threat to
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the public exists, including, but not limited to, circumstances
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in which all of the following conditions have been satisfied:
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(a) A person has been killed or has suffered serious
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bodily injury, or a person has been assaulted with a deadly
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weapon by another person.
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(b) The person suspected of committing the offense has
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fled the scene of the offense.
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(c) The law enforcement agency has determined that the
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suspect poses an imminent threat to the public safety.
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(4) An Imminent Threat Alert must, to the extent
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practicable, provide a detailed description of a suspect's
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vehicle or other means of escape, the license plate number of
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the suspect's vehicle, or any other available information that
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may assist in averting further harm or in apprehending the
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suspect.
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(5)(a) An Imminent Threat Alert must be immediately
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disseminated to the public through the emergency alert system
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and through the use of dynamic message signs located along the
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State Highway System.
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(b) If a traffic emergency arises which requires
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information pertaining to the traffic emergency be displayed on
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a dynamic message sign on a state highway in lieu of an Imminent
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Threat Alert, the agency responsible for posting the Imminent
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Threat Alert on the dynamic message sign does not violate this
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section.
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(c)1. Upon receiving a request to record, report,
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transmit, display, or release Imminent Threat Alert information
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from the law enforcement agency having jurisdiction, the
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Department of Law Enforcement; any state or local law
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enforcement agency and the personnel of such agency; any radio
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or television network, broadcaster, or other media
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representative; any dealer of communications services as those
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terms are defined in s. 202.11; or any agency, employee,
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individual, or entity is immune from civil liability for damages
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for complying in good faith with this subsection and is presumed
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to have acted in good faith in recording, reporting,
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transmitting, displaying, or releasing information pertaining to
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an Imminent Threat Alert. The presumption of good faith is not
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overcome if a technical or clerical error is made by any agency,
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employee, individual, or entity acting at the request of the
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local law enforcement agency having jurisdiction, or if
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information pertaining to an Imminent Threat Alert is incomplete
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or incorrect because the information received from the local law
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enforcement agency was incomplete or incorrect.
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2. Neither this subsection nor any other law creates a
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duty of the agency, employee, individual, or entity to record,
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report, transmit, display, or release the Imminent Threat Alert
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information received from the local law enforcement agency
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having jurisdiction. The decision to record, report, transmit,
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display, or release information is discretionary with the
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agency, employee, individual, or entity receiving the
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information.
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Section 2. This act shall take effect October 1, 2026.