The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Appropriations
BILL: PCS/CS/SB 1040 (751752)
INTRODUCER: Appropriations Committee (Recommended by Appropriations Subcommittee on Health
and Human Services); Children, Families, and Elder Affairs Committee; and Senator
Brodeur
SUBJECT: Special Persons Registry
DATE: February 25, 2022 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Delia Cox CF Fav/CS
2. Gerbrandt Money AHS Recommend: Fav/CS
3. Gerbrandt Sadberry AP Pre-meeting
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
PCS/CS/SB 1040, known as the “Protect Our Loved Ones” Act, authorizes a local law
enforcement agency to develop and maintain a database, known as the “Special Needs Registry”,
of persons who may have developmental, psychological, or other disabilities or conditions.
Parents and guardians may voluntarily enroll minors and incapacitated individuals in the registry.
The registry may include:
An enrollee’s demographic and contact information, and information related to the enrollee’s
disability or condition;
Contact information of persons who have enrolled individuals on the registry; and
Certification of the disability or condition.
The bill provides notification requirements for enrollment onto the registry and a process for
removing oneself from the registry.
The bill authorizes local law enforcement agencies to provide information from the registry to
law enforcement officers to assist in performance of their official duties.
BILL: PCS/CS/SB 1040 (751752) Page 2
The bill does not have a fiscal impact on state government. The bill may have a negative yet
indeterminate fiscal impact on those law enforcement agencies that choose to create and
maintain a Special Needs Registry.
The bill takes effect January 1, 2023.
II. Present Situation:
Developmental Disabilities
Developmental disabilities1 include autism, cerebral palsy, spina bifida, intellectual disabilities,
Down syndrome, Prader-Willi syndrome, and Phelan-McDermid syndrome.2
Cerebral palsy3 is a group of disabling symptoms of extended duration, which results from
damage to the developing brain that may occur before, during, or after birth and that results in
the loss or impairment of control over voluntary muscles.4
Spina bifida5 is a birth defect in the vertebral column in which part of the spinal cord, which is
normally protected within the vertebral column, is exposed. Spina bifida is caused by the failure
of the neural tube to close during embryonic development. The neural tube is the embryonic
structure that gives rise to the brain and spinal cord. People with spina bifida can have difficulty
with bladder and bowel incontinence, cognitive (learning) problems, and limited mobility.6
Individuals suffering from intellectual disabilities have significantly sub-average general
intellectual functioning existing concurrently with deficits in adaptive behavior, which manifests
before the age of 18.7 Such individuals have certain limitations in both mental functioning and in
adaptive skills such as communicating, self-care, and social skills. These limitations will cause a
person to learn and develop more slowly. People with intellectual disabilities may take longer to
learn to speak, walk, and take care of their personal needs such as dressing or eating.8
Down syndrome is a genetic disorder caused when abnormal cell division results in extra genetic
material from chromosome 21. This genetic disorder, also known as trisomy 21, varies in
1
Developmental disability is defined as a disorder or syndrome that is attributable to intellectual disability, cerebral palsy,
autism, spina bifida, Down syndrome, Phelan-McDermid syndrome, or Prader-Willi syndrome; that manifests before the age
of 18; and that constitutes a substantial handicap that can reasonably be expected to continue indefinitely.
2
Agency for Persons with Disabilities, Long-Range Program Plan (2021), available at
http://floridafiscalportal.state.fl.us/Document.aspx?ID=23172&DocType=PDF (last visited February 3, 2022) (hereinafter
cited as “The Long-Range Plan”).
3
Section 393.063(6), F.S.
4
Id.
5
Spina bifida is defined in statute as a medical diagnosis of spina bifida cystica or myelomeningocele. Section 393.063(41),
F.S.
6
The Long-Range Plan, p. 79.
7
Section 393.063(24), F.S. For the purposes of this definition, the term “adaptive behavior” means the effectiveness or
degree with which an individual meets the standards of personal independence and social responsibility expected of his or her
age, cultural group, and community. The term “significantly sub-average general intellectual functioning” means
performance that is two or more standard deviations from the mean score on a standardized intelligence test specified in the
rules of the agency.
8
Id at 73.
BILL: PCS/CS/SB 1040 (751752) Page 3
severity, causes lifelong intellectual disability and developmental delays, and, in some people,
causes health problems.9
Prader-Willi syndrome10 is a complex genetic condition that affects many parts of the body. In
infancy, this condition is characterized by weak muscle tone, feeding difficulties, poor growth,
and delayed development. Beginning in childhood, affected individuals develop an insatiable
appetite and chronic overeating. As a result, most experience rapid weight gain leading to
obesity. People with Prader-Willi syndrome typically have an intellectual disability or a learning
disability and behavioral problems.11
Phelan-McDermid syndrome12 is a rare condition due to a chromosomal abnormality. Symptoms
vary in range and severity but often include low muscle tone, difficulty moving, absent-to-
severely delayed speech, autistic features, moderate-to-profound intellectual disability, and
epilepsy.13
Autism
Autism is a pervasive, neurologically-based developmental disability of extended duration that
has onset during infancy or childhood, which causes severe learning, communication, and
behavioral disorders.14 Autism spectrum disorder (ASD) includes autism, Asperger’s syndrome,
and any other pervasive developmental disorder.15 The Centers for Disease Control and
Prevention (CDC) estimates that approximately one in 44 children has ASD.16 The CDC also
estimates that over 5.4 million adults have ASD.17
Interactions with Law Enforcement for Individuals with Autism
A person’s developmental disability may make interactions with law enforcement more
challenging. For example, identifying a person with an ASD can be confusing to any person
unfamiliar with the condition, including law enforcement. Law enforcement can mistake the
signs of autism with behaviors typically associated with those of criminals.18 Common attributes
9
Id. Down syndrome is defined in statute as a disorder caused by the presence of an extra chromosome 21. Section
393.063(15), F.S.
10
Prader-Willi syndrome is defined in statute as an inherited condition typified by neonatal hypotonia with failure to thrive,
hyperphagia or an excessive drive to eat which leads to obesity usually at 18 to 36 months of age, mild to moderate
intellectual disability, hypogonadism, short stature, mild facial dysmorphism, and a characteristic neurobehavior. Section
393.063(29), F.S.
11
Id.
12
Phelan-McDermid Syndrome is defined in statute as a disorder caused by the loss of the terminal segment of the long arm
of chromosome 22, which occurs near the end of the chromosome at a location designated q13.3, typically leading to
developmental delay, intellectual disability, dolicocephaly, hypotonia, or absent or delayed speech. Section 393.063(28), F.S.
13
Id.
14
Section 393.063(5), F.S.
15
Section 627.6686(2)(b), F.S.
16
The Centers for Disease Control and Prevention (The CDC), Data & Statistics on Autism Spectrum Disorder, available at
https://www.cdc.gov/ncbddd/autism/data.html (last visited February 3, 2022).
17
The CDC, Key Findings: CDC Releases First Estimates of the Number of Adults Living with Autism Spectrum Disorder in
the United States, available at https://www.cdc.gov/ncbddd/autism/features/adults-living-with-autism-spectrum-disorder.html
(last visited February 3, 2022).
18
Randy Lambert, How Changing the Wes Kleinert Fair Interview Act and Establishing Law Enforcement Academy Training
Standards Will Help the Autism Community, Child and Family Law Journal, p. 48 (2018), available at
https://lawpublications.barry.edu/cflj/vol6/iss1/3 (last visited February 3, 2022).
BILL: PCS/CS/SB 1040 (751752) Page 4
of autism are communication differences and behaviors or thinking that are repetitive or
restricted to an area of interest. These traits could be interpreted by law enforcement as not being
compliant with questioning or direct instructions. A characteristic of ASD known as escalation
poses a particular problem in encounters with law enforcement.19 Escalation describes the
response of a person with ASD under stress or in an unfamiliar situation.20 Overwhelmed by the
barrage of sensory information, a person with ASD may attempt to flee the uncomfortable
situation, become combative, or simply shut down.21 The individual may cover his or her ears
and shriek, not knowing how or where to get help.22 The presence of police lights and sirens,
uniforms, loud and unfamiliar voices, or barking dogs often makes a difficult situation worse by
contributing to the individual's sensory overload.23
Mental Health and Mental Illness
Mental health is a state of well-being in which the individual realizes his or her own abilities, can
cope with the normal stresses of life, can work productively and fruitfully, and is able to
contribute to his or her community.24
The primary indicators used to evaluate an individual’s mental health are:
Emotional well-being- Perceived life satisfaction, happiness, cheerfulness, peacefulness;
Psychological well-being- Self-acceptance, personal growth including openness to new
experiences, optimism, hopefulness, purpose in life, control of one’s environment,
spirituality, self-direction, and positive relationships; and
Social well-being- Social acceptance, beliefs in the potential of people and society as a
whole, personal self-worth and usefulness to society, sense of community.
Mental illness is collectively all diagnosable mental disorders or health conditions that are
characterized by alterations in thinking, mood, or behavior (or some combination thereof)
associated with distress or impaired functioning.25 Thus, mental health refers to an individual’s
mental state of well-being whereas mental illness signifies an alteration of that well-being.
Mental illness affects millions of people in the United States each year. Nearly one in five adults
lives with a mental illness.26 During their childhood and adolescence, almost half of children will
experience a mental disorder, though the proportion experiencing severe impairment during
childhood and adolescence is much lower, at about 22 percent.27
19
Bernard J. Farber, Police Interaction With Autistic Persons: The Need For Training, Aele Monthly Law Journal, p. 106
(2009), available at https://www.aele.org/law/2009all07/2009-07MLJ101.pdf (last visited February 3, 2022).
20
Id.
21
Id.
22
Id.
23
Id.
24
World Health Organization, Mental Health: Strengthening Our Response, https://www.who.int/news-room/fact-
sheets/detail/mental-health-strengthening-our-response (last visited February 4, 2022).
25
Id.
26
National Institute of Mental Health (NIH), Mental Illness, https://www.nimh.nih.gov/health/statistics/mental-illness (last
visited Feb.4, 2022).
27
Id.
BILL: PCS/CS/SB 1040 (751752) Page 5
Some examples of common mental health illnesses or disorders that can negatively impact how a
person interacts with others, such as law enforcement officers, include schizophrenia, bipolar
disorder, borderline personality disorder, and antisocial personality disorder.28
Alzheimer’s Disease
Alzheimer’s disease is a form of dementia, a general term for memory loss. It is a progressive
brain disorder that damages and eventually destroys brain cells, leading to memory loss and
changes in the functions of the brain. In the early stages of Alzheimer’s disease, memory loss is
mild; in late-stages, individuals lose the ability to carry on a conversation and respond to their
environment. Currently, the disease has no cure, but treatment can temporarily slow the
worsening of symptoms.29
Florida has an increasing number of individuals with Alzheimer’s disease. An estimated 580,000
Floridians have Alzheimer’s disease.30 The projected number of Floridians with Alzheimer’s
disease is estimated to increase by 24% to 720,000 individuals by 2025.31
Interactions with Law Enforcement for Individuals with Alzheimer’s and Dementia
Many behaviors associated with Alzheimer’s disease and dementia tend to increase a person’s
chance of interacting with law enforcement. Because these individuals are often unable to
explain their unusual behavior, their actions are more easily misunderstood.32 Common instances
that can cause someone with Alzheimer’s disease to interact with law enforcement include
wandering, auto accidents, erratic driving, accidental breaking and entering due to confusion,
and unintentional shoplifting.33
Florida Crime Information Center (FCIC) System
The Florida Crime Information Center (FCIC) system is an electronic database that provides
criminal justice agencies with access to federal and state criminal justice information. The FCIC
is managed by FDLE and contains information as reported to FDLE by law enforcement
agencies through the state.34
28
See National Alliance Mental Illness, Mental Health Disorders, available at https://www.nami.org/About-Mental-
Illness/Mental-Health-Conditions; Psychiatry Online, Contact Between Police and People With Mental Disorders: A Review
of Rates, available at https://ps.psychiatryonline.org/doi/10.1176/appi.ps.201500312 (all sites last visited February 5, 2022).
29
Alzheimer’s Association, 2021 Alzheimer’s Disease Facts and Figures, p. 69, available at
https://www.alz.org/media/documents/alzheimers-facts-and-figures.pdf (last visited February 3, 2022).
30
The Department of Elder Affairs, 2021 Alzheimer’s Disease Advisory Committee Annual Report, p. 4, available at
https://elderaffairs.org/wp-content/uploads/ADAC-Report-2021_FINAL.pdf (last visited February 3, 2022).
31
Id.
32
Alzheimer’s Association, Alzheimer’s Disease Guide for Law Enforcement, available at
https://www.alz.org/national/documents/safereturn_lawenforcement.pdf (last visited February 3, 2022).
33
Id.
34
The FDLE, The FCIC, available at https://web.fdle.state.fl.us/pas/restricted/PAS/home/home.jsf (last visited February 3,
2022).
BILL: PCS/CS/SB 1040 (751752) Page 6
Voluntary Registry Systems
Law enforcement agencies nationwide have begun utilizing voluntary registry systems that
provide officers with relevant information on individuals with special needs, including those
with Alzheimer’s disease.35 Law enforcement agencies have found that such registries can:
Promote community safety;
Improve officer safety;
Increase the speed and efficiency in which officers are able to respond, decreasing
department liability;
Reduce strain on department resources, both human and financial, during emergencies;
Give community members peace of mind; and
Promote community partnerships in responding to special needs community members.36
Voluntary registry systems allow law enforcement to obtain information that assists in response
to calls for service involving individuals with conditions such as Alzheimer’s disease.37
Voluntary registry systems have also proven helpful in responding to individuals in other special
needs populations. Departments utilize the system for community members living with ASD,
developmental disabilities, attention deficit/hyperactivity disorder (ADHD), epilepsy, brain
injury, mental illness, an