HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 79 Purple Alert
SPONSOR(S): Judiciary Committee, Appropriations Committee, Casello, Willhite and others
TIED BILLS: IDEN./SIM. BILLS: CS/SB 184
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N Mathews Hall
2) Appropriations Committee 27 Y, 0 N, As CS Smith Pridgeon
3) Judiciary Committee 17 Y, 0 N, As CS Mathews Kramer
SUMMARY ANALYSIS
Wandering, also called elopement, is a common safety concern that may affect a person with a disability and
his or her family. Wandering occurs when a person leaves the safety of a responsible caregiver or a safe area,
and may result in harm or injury to the person.
Florida has statutory alert systems for certain populations, including missing persons 60 years of age or older
who suffer from irreversible deterioration of intellectual faculties (Silver Alert). The Silver Alert enables law
enforcement to disseminate information about such missing adults to further location and recovery efforts. No
alert system exists for missing adults with specified cognitive, intellectual, or developmental disabilities under
age 60.
CS/CS/HB 79 creates s. 937.0205, F.S., and requires the Florida Department of Law Enforcement (FDLE) to
establish the Purple Alert to aid in the search for a missing adult:
With a mental or cognitive disability that is not Alzheimer’s disease or a dementia-related disorder; an
intellectual or developmental disability; a brain injury; another physical, mental, or emotional disability not
related to substance abuse; or a combination of any such conditions;
Whose disappearance indicates a credible threat of immediate danger or serious bodily harm to himself or
herself;
Who cannot be returned to safety without law enforcement intervention; and
Who does not meet the criteria for Silver Alert activation.
The bill requires the Florida Department of Transportation, the Florida Department of Highway Safety and
Motor Vehicles, the Florida Department of Lottery, and local law enforcement agencies (LLEA) to cooperate
with FDLE to establish and implement the Purple Alert. Under the Purple Alert, LLEA may broadcast
information to the media and subscribers in any jurisdiction where a missing adult is believed to be or may be
located. LLEA may request a Purple Alert notification to be broadcast on lottery terminals in locations such as
supermarkets, convenience stores, and gas stations. LLEA may also request FDLE to open a missing persons
case with the Missing Endangered Persons Information Clearinghouse, authorizing the activation of dynamic
message signs on state highways and dissemination of missing persons information to the public.
Under the bill, the Florida Division of Emergency Management is required to maintain an inventory of digitally
displayed automatic changeable signs to provide immediate public distribution of emergency and missing
endangered persons information.
The bill provides an appropriation of $199,901 from the FDLE Operating Trust Fund and authorizes two full
time equivalent positions, for the purpose of implementing the provisions in the act.
The bill provides an effective date of July 1, 2021 for the appropriation, and an effective date of July 1, 2022 for
all other provisions in the act.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Missing Person Investigations
Every state, county, and municipal law enforcement agency in Florida is required to submit information
concerning missing endangered persons to the Florida Department of Law Enforcement’s (FDLE)
Missing Endangered Person Information Clearinghouse (MEPIC).1 MEPIC serves as the central
repository of information regarding missing endangered persons. Upon receiving information about a
missing endangered person, MEPIC disseminates the information to the appropriate local, regional and
statewide agencies in an effort to locate the missing person.2 Section 937.0201, F.S., defines a
“missing endangered person” to include a missing:
Child;3
Adult younger than 26 years of age;
Adult 26 years of age or older who is suspected by a law enforcement agency of being
endangered or the victim of criminal activity; or
Adult who meets the criteria for activation of the Silver Alert.4
A law enforcement agency receiving a report of a missing child must inform all on-duty officers of the
report, communicate the report to every other law enforcement agency having jurisdiction in the county
where the child was last seen, and transmit the report for inclusion within the Florida Crime Information
Center (FCIC) and the National Crime Information Center (NCIC) databases within two hours.5
Similarly, a law enforcement agency receiving a report of a missing adult must transmit the report for
inclusion within the FCIC and NCIC databases within two hours.
Section 937.021, F.S., provides civil immunity for specified entities requested by law enforcement to
record, report, transmit, display, or release information pertaining to a missing person if such entity
complied with the request in good faith. These entities include:
FDLE, a state or local law enforcement agency (LLEA), and agency personnel;
A radio or television network, broadcaster, or other media representative; or
A dealer of communications services as defined in s. 202.11, F.S.6
Entities who report, transmit, display, or release information pertaining to a missing person are
presumed to have acted in good faith.7 The presumption of good faith is not overcome if a technical or
clerical error is made by an agency, employee, individual, or entity acting at the request of the LLEA
having jurisdiction or if the missing person information is incomplete or incorrect because the
information received from the LLEA was incomplete or incorrect.8
1 S. 937.022(3)(b), F.S.
2 MEPIC is located in the Enforcement and Investigative Support Bureau as part of the Investigations and Forensic Science Program of
the FDLE. MEPIC assists law enforcement and families in locating missing persons by providing analytical services, collecting and
disseminating relevant information and engaging the public in the search for the missing person. Florida Department of Law
Enforcement: Missing Endangered Persons Information Clearinghouse, About Us, https://www.fdle.state.fl.us/mcicsearch/AboutUs.asp
(last visited Mar. 24, 2021).
3 “Missing child” means a person younger than 18 years of age. S. 937.0201(3), F.S.
4 Id.
5 Florida Department of Law Enforcement, Frequently Asked Questions (2018), http://www.fdle.state.fl.us/Silver-Alert-Plan/Frequently-
Asked-Questions.aspx (last visited Mar. 24, 2021). S. 937.021, F.S.
6 Examples of a dealer of communications services include a cable or satellite television service provider, a telephone service provider,
or a mobile communication service provider. S. 937.021, F.S.
7 S. 937.021(5), F.S.
8 Id.
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Silver Alert
The Silver Alert may be activated to broadcast local or regional alerts of a missing person who is 60
years of age or older and suffers from a verified irreversible deterioration of intellectual faculties.9,10 In
rare instances, a Silver Alert may also be activated for a missing person when:
He or she is 18 to 59 years old and has irreversible deterioration of intellectual faculties;
Law enforcement has determined the individual lacks the capacity to consent; and
The use of dynamic message signs may be the only means to rescue the missing person.11
There are two levels of activation under the Silver Alert: local and state. An LLEA may activate a local
Silver Alert if an adult meeting the Silver Alert criteria goes missing on foot. Although activation criteria
are specific to LLEA, law enforcement generally:
Conducts a preliminary investigation to conclude the person's disappearance poses a credible
threat to his or her welfare and safety;
Enters the missing adult’s identifying information into FCIC;
Contacts media outlets in the area and surrounding jurisdictions; and
Issues a statewide “Be On The Look Out” notice to law enforcement and 911 centers.12
An LLEA may request FDLE to activate the statewide Silver Alert when a person meeting Silver Alert
criteria goes missing in a vehicle. Prior to the request, the LLEA determines that the person's
disappearance poses a credible threat to his or her welfare and safety and enters the missing adult's
information into FCIC. The LLEA then contacts MEPIC at FDLE who must confirm the case meets
Silver Alert criteria before notifying the:
Florida Highway Patrol to send a statewide officer notification;
Florida Department of Transportation to activate dynamic message signs13 on highways; and
Department of Elder Affairs to notify the public through an email alert system.14
Law enforcement has directly recovered 259 missing persons and indirectly recovered 45 missing
persons through activation of the Silver Alert since implementing the plan in 2008.15
Wandering
Wandering, also called elopement, is a common safety concern that may affect a person with a
cognitive disability and his or her family. Cognitive disability includes a wide range of medical conditions
that include intellectual disability, autism spectrum disorders, severe and persistent mental illness, brain
injury, stroke, Alzheimer's disease and other dementias.16 Section 393.063, F.S., defines related terms
including:
"Developmental disability" as a disorder or syndrome that is attributable to intellectual disability,
cerebral palsy, Autism Spectrum Disorder (ASD), spina bifida, Down syndrome, Phelan-
9 Florida Department of Law Enforcement, Silver Activation Steps, http://www.fdle.state.fl.us/Silver-Alert-Plan/Activation-Steps.aspx
(last visited Mar. 24, 2021).
10 Agency policy determines how the LLEA verifies that a person suffers from an irreversible deterioration of intellectual faculties. Id.
11 Id.
12 Id.
13 Dynamic message signs are electronic signs that appear along major highways and typically display information about traffic
conditions, travel times, construction, and road incidents. Florida Department of Transportation, Highway Signing Program (2021),
https://www.fdot.gov/traffic/TrafficServices/Signing.shtm (last visited Mar. 24, 2021).
14 Members of the public may sign up to receive Silver Alert email updates on the DOEA website. Department of Elder Affairs, Florida
Silver Alert Notification, https://lists.elderaffairs.org/listmanager/listinfo/silveralert (last visited Mar. 24, 2021).
15 A direct recovery is a recovery resulting from the activation of the State Silver Alert, primarily through state agency action. An indirect
recovery is a recovery resulting from local agency actions in coordination with the Silver Alert Plan. Florida Department of Law
Enforcement, Silver Alert Monthly Report (Jan. 2021), http://www.fdle.state.fl.us/Silver-Alert-Plan/Monthly-Reports/2021-Monthly-
Reports/Silver-Alert-January-2021 (last visited Mar. 24, 2021).
16 Federal Communications Commission, Cognitive Disabilities, https://www.fcc.gov/cognitive-disabilities/ (last visited Mar. 24, 2021).
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McDermid syndrome, or Prader-Willi syndrome; that manifests before age 18; and constitutes a
substantial handicap that can reasonably be expected to continue indefinitely.17
"Intellectual disability" as significantly sub average intellectual functioning18 existing concurrently
with deficits in adaptive behavior19 which manifests before age 18 and can reasonably be
expected to continue indefinitely.
A person with cognitive disability may be at higher risk for wandering behavior. Wandering occurs when
a person leaves the safety of a responsible caregiver or a safe area, and may result in harm or injury to
the person.20 Wandering incidents can be life-threatening and an impaired person may be at risk even
in a closely monitored setting. Approximately twelve to 60 percent of individuals with a cognitive
disability wander and approximately five percent of wandering instances result in physical harm.21 For
those persons missing more than 72 hours, the death rate can be as high as 88 percent,22 with the
most common causes of death being exposure to natural elements, drowning, and vehicular
accidents.23
Currently, adults under 60 years of age with a mental or cognitive disability, intellectual or
developmental disability, brain injury, or other physical, mental or emotional disability that may not be
irreversible are not included under the Silver Alert Plan or any other alert protocol. There is no
applicable alert to help facilitate the safe return of missing adults who do not qualify for a Silver Alert.
Effect of Proposed Changes
CS/CS/HB 79 creates s. 937.0205, F.S., which establishes the Purple Alert to aid law enforcement in
the search for a missing adult:
With a mental or cognitive disability that is not Alzheimer’s disease or a dementia-related
disorder; an intellectual or developmental disability, as defined in s. 393.063, F.S.; a brain injury;
another physical, mental, or emotional disability not related to substance abuse; or a
combination of any such conditions;
Whose disappearance indicates a credible threat of immediate danger or serious bodily harm to
himself or herself;
Who cannot be returned to safety without law enforcement intervention; and
Who does not meet the criteria for Silver Alert activation.
The bill directs FDLE, in cooperation with DOT, the Florida Department of Highway Safety and Motor
Vehicles (DHSMV), the Florida Department of the Lottery, and LLEA’s, to establish and implement the
Purple Alert. The bill amends ss. 937.021 and 937.022, F.S., to expand the definition of “missing
endangered person” to include a missing adult who meets Purple Alert activation criteria.
The bill authorizes an LLEA to open a case with the FDLE's MEPIC, the central repository of missing
endangered person information that provides analytical services to law enforcement agencies and
engages the public in a missing person search. The clearinghouse must coordinate with the DOT,
DHSMV, and the Department of the Lottery for the activation of dynamic message signs on state
highways, notifications on lottery terminals, and the broadcast of critical information to the public about
the missing adult.
17 S. 393.063(12), F.S.
18 Significantly sub average general intellectual functioning is performance that is two or more standard deviations from the mean score
on a standardized intelligence test specified in the Agency for Persons with Disabilities rules. S. 393.063(24), F.S.
19 Adaptive behavior is the effectiveness or degree with which an individual meets the standards of personal independence and social
responsibility expected of their age, cultural group, and community. Id.
20 Dementia Care Central, Preventing Wandering in Persons with Alzheimer’s and Dementia (2019),
https://www.dementiacarecentral.com/caregiverinfo/wandering/ (last visited Mar. 24, 2021).
21 Joseph Wherton et al., Wandering as a Sociomaterial Practice: Extending the Theorization of GPS Tracking in Cognitive Impairment,
Qualitative Health Research (2018), https://journals.sagepub.com/doi/10.1177/1049732318798358#articleCitationDownloadContainer
(last visited Mar. 24, 2021). Wandering estimates range from 12 to 60 percent due to difficulties defining and recording such instances.
22 Dementia Care Central, Preventing Wandering in Persons with Alzheimer’s and Dementia (2019),
https://www.dementiacarecentral.com/caregiverinfo/wandering/ (last visited Mar. 24, 2021).
23 Id.
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Under the bill, FDLE must develop procedures to monitor the use, activation, and results of the Purple
Alert. The Purple Alert must also include a strategy for informing and educating law enforcement, the
media, and other stakeholders about the plan. FDLE may adopt rules to implement the alert.
Under the bill, the Florida Division of Emergency Management is required to maintain an inventory of
digitally displayed automatic changeable signs to provide immediate public distribution of emergency
and missing endangered persons information.
The bill provides an appropriation to FDLE for the purpose of implementing the provisions in the act.
The bill provides