11C-10.003 SPECTRUM Alerts.

1. (1) Definitions:

   1. (a) “Imminent Danger” means an immediate threat that poses a risk of harm or injury.
   2. (b) “Kidnapping” has the same meaning as provided in section 787.01, F.S.
   3. (c) “Autism Spectrum Disorder” (ASD) means a condition defined by atypical or impaired development in social interaction and communication skills and the presence of repetitive behaviors and restricted interests. ASD is considered a “spectrum disorder” because there are many characteristics that vary from person to person, and these can change over time as a result of intervention and development.

2. (2) Steps for Activation of a Spectrum Alert:

   1. (a) The local law enforcement agency of jurisdiction will contact the Florida Department of Law Enforcement (FDLE) Missing Endangered Persons Information Clearinghouse (MEPIC) via phone at 1(888)356-4774 to request activation. The requesting local law enforcement agency of jurisdiction shall contact MEPIC directly to begin the alert process.
   2. (b) A conference call will be conducted between a sworn member of the local law enforcement agency, a regional FDLE Special Agent Supervisor, a sworn member of the FDLE Enforcement and Investigative Support Bureau, a MEPIC analyst, and a MEPIC Supervisor.
   3. (c) The conference call participants will work together to determine if the criteria for activation have been met and what information should be broadcast to the public. Authorization for the alert must be unanimously agreed upon by all participants.

3. (3) Spectrum Alert Criteria:

   1. (a) The activation of a Spectrum Alert requires the following five (5) criteria to be met:

      1. The child must be under 18 years of age.

      2. The law enforcement agency of jurisdiction reasonably believes the child has autism spectrum disorder (ASD).

      3. The law enforcement agency of jurisdiction has a well-founded belief, based on an active investigation, that the child is in danger of death or serious bodily injury.

      4. There is a detailed description and/or photograph of the child to broadcast to the public.

      5. The law enforcement agency of jurisdiction recommends activation.

   2. (b) The requesting law enforcement agency must verify the facts of the case and confirm that the child is missing prior to a Spectrum Alert being issued by MEPIC. If a Spectrum Alert is activated and evidence of kidnapping is later discovered, the local law enforcement agency of jurisdiction should contact MEPIC directly to discuss upgrading the alert.

4. (4) Wireless Emergency Alert (WEA):

   1. (a) A WEA may be appropriate to alert the public to a Spectrum Alert when the law enforcement agency of jurisdiction reasonably believes that the child has autism spectrum disorder and is in imminent danger of death or serious bodily injury and a kidnapping has not occurred. Such dangers could include, but are not limited to, nearby natural or man-made surroundings that represent a severe threat due to the child’s age or having ASD.
   2. (b) The WEA may be used as part of an Emergency Alert System (EAS) to alert the public to a Spectrum Alert. The WEA is reserved for situations where law enforcement has a reasonable belief that the child can be located within a defined geographic area.
   3. (c) Several additional factors must be considered when determining if a WEA is applicable, such as the age of the child, the timeframe of the missing episode, the use of a vehicle, wandering affiliation, a hazardous geographic area, or the time of day the alert is requested.

5. (5) Cancellation of a Spectrum Alert:

   1. (a) Once the missing child has been located, the local law enforcement agency of jurisdiction shall immediately contact the FDLE MEPIC via phone at 1(888)356-4774 to request cancellation of the Spectrum Alert.

Rulemaking Authority 937.0401(4), 943.03(4) FS. Law Implemented 937.0401 FS. History–New 6-4-26.